216 Wis. 561 | Wis. | 1934
The issues upon the trial below as outlined by the pleadings relate, first, to the negligence of appellant Miller and the respondent T. J. Reykdal as such negligence affected the respondent Mabel Reykdal, and, second, as to the negligence of appellant Miller as it affected the respondent T. J. Reykdal. The court, at the conclusion of plaintiff’s case in chief, was of the opinion that no cause of action existed in favor of the respondent Mabel Reykdal against T. J. Reykdal and granted a nonsuit as to him and his insurance carrier. From this ruling the respondent Mabel Reykdal has not appealed and the questions incidental thereto may be left aside.
With relation to the controversy between appellant and the respondent T. J. Reykdal under the view of the evidence taken by the jury, appellant was found to have permitted his
We have reviewed the testimony and concur with the learned trial judge in his opinion that the damages were excessive. From a description of the injuries sustained, we are of the opinion that the lowest amount at which a fair-minded jury properly instructed would probably assess the plaintiff’s damages is $700, and have concluded under the evidence in this case that the respondent ought to have the option of taking judgment for $700 or a new trial. If within twenty days after notice of remittitur of the record to the circuit court respondent consents to reduce the jury’s assessment of damages to $700, she may accordingly take judgment on the verdict heretofore rendered. Otherwise appellant will be entitled to a new trial of the issues between him and respondent Mabel ReykdaL because the jury’s award of damages was excessive.
By the Court. — Judgment upon the cross-complaint of T. J. Reykdal is affirmed, but judgment as to plaintiff reversed and cause remanded for further, proceedings in accordance with this opinion.