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BOHLMAN v. NELSON

5 Wis.2d 77 (1958)

BOHLMAN, Administratrix, Respondent, v. NELSON and another, Appellants.

Supreme Court of Wisconsin.

October 7, 1958.

Attorney(s) appearing for the Case

For the appellants there was a brief by McLeod, Donohue & Colwin of Fond du Lac, and oral argument by Joseph D. Donohue.

For the respondent there was a brief by John P. McGalloway, attorney, and William D. McGalloway of counsel, both of Fond du Lac, and oral argument by William D. McGalloway.

WINGERT, J.

There must be a new trial on the disputed issues of damages sustained by the mother.

1. New trial in interest of justice. We should have no difficulty in sustaining that part of the trial court's order which directs a new trial on the damage issues in the interest of justice, were it not for the alternative granted plaintiff to take judgment. The trial court may in the exercise of a proper discretion...

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