eBook details
- Title: William Nessler v. Richard Nowicki Et Al.
- Author : Supreme Court of Wisconsin
- Release Date : January 07, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Collision at a street intersection between two motor vehicles, causing injuries to the driver of one of them. He sues for
his damages. The jury returned a special verdict answering all questions favorably to plaintiff on the negligence issues and
judgment for plaintiff was given upon the verdict, except that the trial court gave plaintiff an option to remit all damages
in excess of $8,250, or to have a new trial. Damages as found by the jury were $13,500. Defendants have appealed from the
judgment. Appellants submit that the evidence does not sustain the findings of negligence nor of the damages for personal injury and
such damages, both as found by the jury and as reduced by the circuit court, are excessive. Appellants submit also that the
trial court erred in denying their motion for a directed verdict and erred in denying their motion to change the answers to
the negligence questions of the special verdict and, as an alternative, at least the trial court should have granted to defendants
a new trial. They submit, too, that the court erred in an instruction to the jury permitting allowance of damages for the
aggravation of a pre-existing physical condition and there was error in refusing defendants' request for an instruction that
the jury might make an unfavorable inference from the plaintiff's failure to call as a witness a doctor who had treated plaintiff
after the collision.