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HALL v. ARTHUR OVERGAARD, INC.

No. 109.

55 Wis.2d 247 (1972)

198 N.W.2d 605

HALL, Appellant, v. ARTHUR OVERGAARD, INC., and another, Respondents.

Supreme Court of Wisconsin.

Decided June 30, 1972.

Attorney(s) appearing for the Case

For the appellant there were briefs by Peter E. Berg, attorney, and Philip G. Arneson of counsel, both of La Crosse, and oral argument by Mr. Arneson.

For the respondents there was a brief by Edwards, Hafner & McDonald, Ltd., of La Crosse, and oral argument by Roger W. Hafner.

WILKIE, J.

A single issue is dispositive of this appeal: Did the trial court properly change the jury's answer finding Strozinsky 40 percent causally negligent and find him not negligent as a matter of law? In Leatherman v. Garza,1 this court extensively reviewed the criteria for passing upon a trial court's decision to change an answer in a jury verdict:

"The proper test to be applied in determining whether a jury's answer...

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