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GREMBAN v. BURKE

33 Wis.2d 1 (1966)

GREMBAN and another, Plaintiffs, v. BURKE and others, Defendants. [Three appeals.]

Supreme Court of Wisconsin.

November 29, 1966.

Attorney(s) appearing for the Case

For the plaintiffs there was a brief by Peickert, Anderson, Fisher, Shannon & O'Brien and Gerald M. O'Brien, all of Stevens Point, and oral argument by Hiram D. Anderson.

For the defendants Rolland F. Burke and State Farm Mutual Insurance Company there were briefs by Schmidt & Thibodeau of Wisconsin Rapids, and oral argument by Leon S. Schmidt.

For the defendants Clearfield Cheese Company and Employers Mutual Liability Insurance Company of Wisconsin there were briefs by Brazeau, Brazeau, Potter & Cole of Wisconsin Rapids, and oral argument by Richard S. Brazeau.

CURRIE, C. J.

The issues presented by this appeal and cross appeal are three:

(1) Did the trial court err in granting a new trial on the ground of error in the instructions?

(2) If the foregoing question is answered in the affirmative, do other grounds of error raised by plaintiff's motions after verdict require a new trial?

(3) If no prejudicial error occurred during the course of trial, should a new trial be granted in the interest of justice...

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