BAUMGARTEN v. JONES


26 Wis.2d 703 (1965)

BAUMGARTEN, Plaintiff and Appellant, v. JONES, d/b/a JONES TRUCKING COMPANY, and others, Defendants: O'KEEFE and another, Defendants and Respondents.

Supreme Court of Wisconsin.

March 2, 1965.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by John E. Esler of Kaukauna.

For the respondents there was a brief by Klueter, Larson & MacKenzie of Wausau, and oral argument by H. R. Klueter.


BEILFUSS, J.

The issue before us is whether the trial court abused its discretion in (1) finding the jury award of $4,500 for personal injuries was excessive, and (2) in fixing $3,000 as a reasonable measure for such damages.

As we stated in Olson v. Siordia (1964), 25 Wis.2d 274, 284, 130 N.W.2d 827:

"In reviewing the actions of the trial court as to damage verdicts, the rules are set forth in Boodry...

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