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SCHUELER v. MADISON

Nos. 139, 237.

49 Wis.2d 695 (1971)

183 N.W.2d 116

SCHUELER and another, Appellants, v. CITY OF MADISON and others, Respondents.

Supreme Court of Wisconsin.

Decided February 5, 1971.

Attorney(s) appearing for the Case

For the appellants there were briefs by Arthur, Tomlinson & Gillman of Madison, and oral argument by Bruce Gillman.

For the respondent city of Madison there were briefs by Edwin Conrad, city attorney, and Robert T. Semrad, principal assistant city attorney, and oral argument by Mr. Semrad.

For the respondent Madison Bus Company there were briefs by Petersen, Axley, Brynelson & Herrick of Madison, and for the respondent Transit Casualty Company by Stafford, Rosenbaum, Rieser & Hansen of Madison, and oral argument by Eugene O. Gehl and Willard S. Stafford, both of Madison.

HEFFERNAN, J.

A careful perusal of the 1158 page transcript of this case convinces us that the verdict and judgment should be set aside and a new trial ordered in the interest of justice. Not all the errors that occurred during the course of trial are prejudicial in themselves, and some proceedings that occurred during trial that we conceive to be error were not objected to; but, in the aggregate, we conclude that the totality...

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