KLEIN v. STATE FARM MUT. AUTOMOBILE INS. CO.


19 Wis.2d 507 (1963)

KLEIN, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

April 2, 1963.


Attorney(s) appearing for the Case

For the appellant there was a brief by Phillips, Hoffman & Phillips of Milwaukee, and oral argument by N. Paley Phillips.

For the respondents there was a brief by Kivett & Kasdorf, attorneys, and Alan M. Clark of counsel, all of Milwaukee, and oral argument by Mr. Clark.


CURRIE, J.

Since the order appealed from granted a mistrial only after the verdict had been returned by the jury, we deem it in substance to be an order granting a new trial for prejudicial remarks of counsel made during the course of argument to the jury. In so holding we do not wish to imply any criticism of the trial court; instead, it is to be commended for withholding its ruling on the motion for mistrial, since the...

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