No. 75-33.

80 Wis.2d 390 (1977)

259 N.W.2d 92

FOUSE, and wife, Respondents, v. PERSONS, and another, Appellants.

Supreme Court of Wisconsin.

Decided November 1, 1977.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of James P. Brennan and Simarski, Goodrich, Brennan & Stack, all of Milwaukee.

For the respondents the cause was submitted on the brief of Duane L. Arena of Racine.


The trial court, as the statute authorizes,1 set aside the jury verdict "in the interest of justice." As the statute requires,2 the trial court stated its reasons for setting aside the verdict and granting a new trial as follows:

"[T]he jury failed to follow the Court's instructions in its answers to the damage questions, that the verdict is inconsistent, that the damages awarded...

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