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TUTTLE v. VIRGINIA SURETY CO.

32 Wis.2d 665 (1966)

TUTTLE, Respondent, v. VIRGINIA SURETY COMPANY, INC., Appellant.

Supreme Court of Wisconsin.

November 29, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by Chambers, Nash, Pierce & Podvin of Wisconsin Rapids, and oral argument by Dudley W. Pierce.

For the respondent the cause was submitted on the brief of H. G. Haight of Neillsville.

HEFFERNAN, J.

We conclude that this matter must be remanded to the trial court for the application of the Powers rule. It is clear from the colloquy with defendant's counsel that the trial judge concluded that he lacked the authority to set aside a jury verdict unless the verdict was so high that it showed passion and prejudice. This, of course, is not the rule. We stated in Powers v. Allstate Ins. Co. (1960), 10 Wis.2d 78

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