VINICKY v. MIDLAND MUT. CASUALTY INS. CO.


35 Wis.2d 246 (1967)

VINICKY and another, Respondents, v. MIDLAND MUTUAL CASUALTY INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

June 6, 1967.


Attorney(s) appearing for the Case

For the appellant there was a brief by Allan & Storck of Mayville, and oral argument by Robert E. Storck.

For the respondents there was a brief by Vaughn S. Conway and Kenneth H. Conway, and oral argument by Kenneth H. Conway, Jr., all of Baraboo.


HEFFERNAN, J.

Were the damages awarded to Smaha excessive?

The trial judge found that the damages were not excessive. We have previously held that:

"The trial judge has an advantage over the appellate court in that he not only sees and hears the testimony, which we can only read from the transcript, but he also has the same opportunity to observe the injured person as does the jury." Makowski v. Ehlenbach (1960), 11...

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