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KRUEGER v. WINTERS

37 Wis.2d 204 (1967)

KRUEGER, Appellant, v. WINTERS and another, Respondents.

Supreme Court of Wisconsin.

December 22, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Schmus & Panosian of West Allis, and by Kersten & Mckinnon of Milwaukee, attorneys, and George P. Kersten of counsel, and oral argument by George P. Kersten.

For the respondents there was a brief by Kivett & Kasdorf, attorneys, and John M. Swietlik of counsel, all of Milwaukee, and oral arguments by Mr. Swietlik.

BEILFUSS, J.

The issue before this court on appeal is: Should the plaintiff be allowed to disclaim or waive an item of damages in the special verdict thereby expunging the effect of a dissent to that item so as to cure an otherwise defective verdict?

The pertinent statute is sec. 270.25 (1), which provides:

"Verdicts; five-sixths; directed. (1) A verdict agreed to by five-sixths of the jurors shall be the verdict of the jury. If more than...

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