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SWEET v. FARMERS INS. EXCHANGE

10 Wis.2d 565 (1960)

SWEET, Appellant, v. FARMERS INSURANCE EXCHANGE and another, Respondents.

Supreme Court of Wisconsin.

June 7, 1960.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Irving D. Gaines of Milwaukee.

For the respondents there was a brief by Bender, Trump, Davidson & Godfrey of Milwaukee, and Schlotthauer & Jenswold of Madison, attorneys, and Kneeland A. Godfrey of Milwaukee, and John T. Jenswold of Madison, both of counsel, and oral argument by Max D. Davidson.

HALLOWS, J.

The issues of negligence involved in this action are so intertwined with those in Giemza v. Allied American Mut. Fire Ins. Co., ante, p. 555, 103 N.W.2d 538, that a new trial is necessarily required for the reasons set forth therein. The damages may be in excess of the statutory amount. The record is not clear on this point. If they are, the trial court can reduce them and avoid the expense of relitigating the damages issue. Therefore, in the new...

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