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McLAUGHLIN v. CHICAGO, M., ST. P. & P. R. CO.

31 Wis.2d 378 (1966)

MCLAUGHLIN, Respondent, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY and another, Appellants.

Supreme Court of Wisconsin.

June 10, 1966.

Attorney(s) appearing for the Case

For the appellant Chicago, Milwaukee, St. Paul & Pacific Railroad Company there were briefs by Bender, Trump, Davidson & Godfrey, attorneys, and Rodger S. Trump of counsel, all of Milwaukee, and oral argument by Rodger S. Trump.

For the appellant United States Fire Insurance Company there was a brief by Cornelisen, Denissen, Kranzush & Kuehn, and oral argument by David J. Condon, all of Green Bay.

For the respondent there was a brief by Everson, Whitney, O'Melia, Everson & Brehm of Green Bay, and oral argument by E. L. Everson.

FAIRCHILD, J.

1. Scope of review. No party has raised any question concerning our jurisdiction to review the various portions of the order which have been challenged. Sec. 274.33 (3), Stats., permits an appeal from an order granting a new trial, and the order appealed from grants a new trial as to one element of damages. We have held that in the converse situation where a trial court sets aside an excessive verdict, orders a new trial on the issue of damages...

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