LONGVILLE v. LEUSMAN

No. 192.

48 Wis.2d 251 (1970)

179 N.W.2d 823

LONGVILLE, Respondent, v. LEUSMAN and another, Appellants.

Supreme Court of Wisconsin.

Decided October 6, 1970.


Attorney(s) appearing for the Case

For the appellants there was a brief by Anderson, Davis, Witkin & Fredrickson of Superior, and oral argument by Harold Witkin.

For the respondent there was a brief by Borg, McGill & Moodie of Superior, and oral argument by Douglas S. Moodie.


HEFFERNAN, J.

The trial judge's determination that the jury erred in finding the plaintiff negligent presents a close and difficult problem, for we have frequently and uniformly concluded that it is improper for a trial judge to upset a jury verdict if there is credible evidence to support that verdict. Only if the record is devoid of evidence that would sustain the verdict or if the evidence relied upon is incredible is it within the prerogative of the trial court...

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