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GUSTAVSON v. MILWAUKEE & S. T. CORP.

No. 136.

52 Wis.2d 510 (1971)

191 N.W.2d 39

GUSTAVSON, Appellant, v. MILWAUKEE & SUBURBAN TRANSPORT CORPORATION and another, Respondents.

Supreme Court of Wisconsin.

Decided November 2, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief by Hersh, Stepke, Gollin & Schulz and Thomas A. Schulz, all of Milwaukee, and oral argument by Thomas A. Schulz.

For the respondents there was a brief by Kivett & Kasdorf, attorneys, and Conrad G. Goodkind of counsel, and oral argument by James P. Reardon, all of Milwaukee.

HALLOWS, C. J.

Gustavson raises two questions: (1) Is the evidence sufficient to sustain the verdict that he was negligent for his own safety; and (2) did the court abuse its discretion in not granting a new trial for errors in the form of the verdict and in the instructions and in the interest of justice?

Taking these assignments of error in their reverse order, we hold Gustavson waived his right to complain concerning the form of verdict and the inadequate...

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