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ANDRITSCH v. HENSCHEL

27 Wis.2d 461 (1965)

ANDRITSCH, Appellant, v. HENSCHEL, Respondent.

Supreme Court of Wisconsin.

April 27, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Edward Rudolph of Milwaukee.

For the respondent there was a brief by Hoffman, Cannon, McLaughlin & Herbon, attorneys, and David M. Quale of counsel, all of Milwaukee, and oral argument by Mr. Quale.

GORDON, J.

In final argument to the jury, the defendant's counsel called the plaintiff a "Nazi." The question which we must determine is whether the use of this epithet requires a new trial.

There is probably no term which more inescapably must be branded a "hate" word. The use of the expression in final argument to the jury was patently improper; it was designed to inflame the jury and to procure for the defendant...

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