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FOX v. PETTIS

16 Wis.2d 397 (1962)

FOX and wife, Plaintiffs and Respondents, v. PETTIS and others, Defendants and Appellants: HERITAGE MUTUAL INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of Wisconsin.

May 1, 1962.

Attorney(s) appearing for the Case

For the appellants there was a brief by Humke, Poole & Axel of Sheboygan, and oral argument by Paul L. Axel.

For the respondents Fox there was a brief by Alfred B. Gerber of Sheboygan.

For the respondent Heritage Mutual Insurance Company there was a brief by Holden & Peckham of Sheboygan, and oral argument by John R. Holden and Verlin H. Peckham.

DIETERICH, J.

The only issues to be determined on this appeal are whether there was an abuse of discretion on the part of the trial court when it changed the jury's finding of negligence on the part of Michael Fox and its finding of causal negligence on the part of Donald Wunsch. Thus, our inquiry is directed to the question of whether there was any credible evidence with which to sustain those findings by the jury which were changed by the trial court.

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