SCHNECK v. MUTUAL SERVICE CAS. INS. CO.


18 Wis.2d 566 (1963)

SCHNECK, by Guardian ad litem, and another, Appellants, v. MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Respondent. TOWLE, by Guardian ad litem, and another, Appellants, v. SAME, Respondent. BRANDT, by Guardian ad litem, and another, Appellants, v. SAME, Respondent.

Supreme Court of Wisconsin.

February 5, 1963.


Attorney(s) appearing for the Case

For the appellants there were briefs by Kelley & Maeder of Wausau, for the Brandts; Walter A. Graunke of Wausau, for the Schnecks; and Crooks & Crooks of Wausau, for the Towles; and oral argument by Mr. Leo D. Crooks, Mr. Graunke, and Mr. Jerome A. Maeder.

For the respondent there were briefs by Smith, Puchner, Tinkham & Smith of Wausau, and oral argument by Richard P. Tinkham.


HALLOWS, J.

One of the grounds for granting a new trial in the interest of justice was the admission in evidence, over the objection of the defendant, of the certificate of the motor vehicle department showing the defendant had not corrected the SR-21 form in compliance with sec. 344.15 (5), Stats. The trial court thought the defendant did not have an opportunity to adequately present its defense to this claim which was not raised in the pleadings or disclosed until...

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