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KLETSCH v. WAUKESHA COUNTY

No. 260.

61 Wis.2d 662 (1974)

213 N.W.2d 367

KLETSCH, Respondent, v. WAUKESHA COUNTY, Appellant.

Supreme Court of Wisconsin.

Decided January 4, 1974.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Richard S. Hippenmeyer, special counsel, of Waukesha.

For the respondent the cause was submitted on the brief of Kraemer, Binzak & Sylvan, S. C., attorneys, and Joseph J. Esser of counsel, all of Menomonee Falls.

Submitted under sec. (Rule) 251.54 November 28, 1973.

HALLOWS, C. J.

The new trial was granted on the ground as stated by the trial court:

"Upon the entire record, it is the opinion of the Court that the verdict of the jury was prejudiced by barring the testimony of Mr. Gutschenritter. A new trial will be granted in this matter upon the record."

The trial court also stated:

"There is a question in the Court's mind whether the jury was...

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