WAGNER v. AMERICAN FAMILY MUT. INS. CO.

No. 287.

65 Wis.2d 243 (1974)

222 N.W.2d 652

WAGNER, by General Guardian, and another, Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY and others, Respondents.

Supreme Court of Wisconsin.

Decided October 29, 1974.


Attorney(s) appearing for the Case

For the appellants there was a brief by William E. Johnson and Johnson, Bieber & Kirkhuff, all of Madison, and oral argument by William E. Johnson.

For the respondents there was a brief by Steven J. Caulum and Aberg, Belt, Blake & Metzner, all of Madison, and oral argument by Carroll E. Metzner.


HANLEY, J.

Three issues are presented by this appeal:

1. Should a new trial be granted because of alleged prejudicial remarks by defense counsel during argument?

2. Did the court err in not giving plaintiffs' requested instruction concerning the conclusive presumption against negligence by a child under the age of seven?

3. Should a new trial be granted under sec. 251.09, Stats.?

Alleged...

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