ZILLMER v. MIGLAUTSCH


35 Wis.2d 691 (1967)

ZILLMER, by Guardian ad litem, Plaintiff and Respondent, v. MIGLAUTSCH and another, Defendants and Appellants: KROHN and another, Defendants and Respondents.

Supreme Court of Wisconsin.

June 30, 1967.


Attorney(s) appearing for the Case

For the defendants-appellants there was a brief by Hoffman, Cannon, McLaughlin & Herbon, attorneys, and L. William Staudenmaier of counsel, all of Milwaukee, and oral argument by Mr. Staudenmaier.

For the plaintiff-respondent there was a brief by Johnson & Brendemuehl of Oconomowoc, and oral argument by Curtis A. Brendemuehl.

For the defendants-respondents there was a brief and oral argument by Clayton A. Cramer of Waukesha.


HEFFERNAN, J.

The retroactivity of the Baierl v. Hinshaw rejection of the fault verdict.

If the rejection of the fault verdict in Baierl v. Hinshaw (1966), 32 Wis.2d 593, 146 N.W.2d 433, is prospective only, the trial court herein erred in setting aside the verdict and the questions raised by the appellant in opposition to a new trial need not be decided. We conclude, however, that the position stated by...

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