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MOSSEY v. ST. LUKE'S HOSPITAL

Nos. 269, 270.

63 Wis.2d 715 (1974)

218 N.W.2d 514

MOSSEY (Richard), Administrator of the Estate of Frances Mossey, Deceased, Appellant, v. MUELLER and others, Respondents. MOSSEY, Richard, M.D., Appellant, v. ST. LUKE'S HOSPITAL and others, Respondents.

Supreme Court of Wisconsin.

Decided June 4, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Warshafsky, Rotter & Tarnoff, S. C., attorneys, and Alan Gesler of counsel, all of Milwaukee, and oral argument by Ted M. Warshafsky.

For the respondents there was a brief by Borgelt, Powell, Peterson & Frauen, attorneys, and Donald R. Peterson and Willard P. Techmeier of counsel, all of Milwaukee, and oral argument by Donald R. Peterson.

HANLEY, J.

The sole issue necessary to be determined on appeal is whether the trial court abused its discretion in ordering a new trial in the instant action.

The order for a new trial pursuant to sec. 270.49, Stats., is addressed to the discretion of the court and will not be reversed unless the court abused its discretion in so ordering a new trial. Hillstead v. Shaw (1967), 34 Wis.2d 643, 150 N.W.2d 313. If the...

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