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ERB v. MUTUAL SERVICE CASUALTY CO.

20 Wis.2d 530 (1963)

ERB, by Guardian ad litem, and another, Plaintiffs, v. MUTUAL SERVICE CASUALTY COMPANY, Defendant and Appellant: RUNGE and another, Defendants and Respondents. SCHUETTPELZ, by Guardian ad litem, Plaintiff and Respondent, v. SAME, Appellant: RUNGE, Defendant and Respondent.

Supreme Court of Wisconsin.

October 1, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Welsh, Trowbridge, Bills, Planert & Gould of Green Bay, and oral argument by F. N. Trowbridge, Sr.

For the respondents there was a brief by Howard Eslien of Oconto Falls, for Diane Schuettpelz, and James A. Martineau of Oconto, for Frederick Runge and Alfred Runge, Sr., and Brunner & Strossenreuther of Shawano, for Phyllis Erb, and oral argument by Ovid B. Strossenreuther.

DIETERICH, J.

No questions of negligence exist on this appeal. The sole issue is whether the trial court committed prejudicial error in refusing to grant a new trial to the appellant, Mutual Service Casualty Company, because of improper argument by counsel for defendants Runge.

The accident occurred on May 20, 1959, when a 1954 Ford driven by Frederick M. Runge overturned. Phyllis Erb and Diane Schuettpelz were passengers...

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