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TURK v. H.C. PRANGE CO.

18 Wis.2d 547 (1963)

TURK and another, Plaintiffs and Appellants, v. H. C. PRANGE COMPANY, Defendant and Respondent: OTIS ELEVATOR COMPANY, Interpleaded Defendant and Respondent.

Supreme Court of Wisconsin.

January 9, 1963.

February 5, 1963.

Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Dudley O. Emmert of Manitowoc.

For the respondent H. C. Prange Company there was a brief by Gruhle, Fessler, Wissbroecker & Van de Water if Sheboygan, and oral argument by Douglas K. Van de Water and Jacob A. Fessler.

For the respondent Otis Elevator Company there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Donald R. Peterson and Donald L. Johnson of counsel, all of Milwaukee, and oral argument by Mr. Peterson.

WILKIE, J.

1. Plaintiffs' counsel's opening statement. The first issue raised on this appeal is whether the trial court committed prejudicial error against the plaintiffs in ruling counsel's opening statement, that this was a res ipsa loquitur case, improper, and in denying plaintiffs' motion for a mistrial based on said ruling.

During his opening statement to the jury the plaintiffs' attorney attempted to enlighten the jury on the effect of...

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