Powers rule (Wisconsin) · Go Syfert
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Powers rule in Wisconsin

36 Wisconsin opinions name it 2 courts 1960–2020 0 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Bourassa v. Gateway Erectors, Inc.green
wis · 1972 · cited in 2 Wisconsin opinions naming this issue, 1973–1974
2 sentences

1974Co. (1960), 10 Wis. 2d 78 , 102 N. W. 2d 393 . 2 This proposed application of the Powers rule was first advocated in Lawver v. Park Falls (1967), 35 Wis. 2d 308, 314 , 151 N. W. 2d 68 , in the concurring opinion and since then in Pruss v. Strube (1968), 37 Wis. 2d 539, 546 , 155 N. W. 2d 650 ; Vincent v. Pabst Brewing Co. (1970), 47 Wis. 2d 120, 139 , 177 N. W. 2d 513 (dissenting opinion); Bourassa v. Gateway Erectors, Inc. (1972), 54 Wis. 2d 176, 181, n. 1 , 194 N. W. 2d 602 ; and Gross v. Denow, supra, at 54. 3 “251.09 Discretionary reversal.

1974Co. (1960), 10 Wis. 2d 78 , 102 N. W. 2d 393 . 2 This proposed application of the Powers rule was first advocated in Lawver v. Park Falls (1967), 35 Wis. 2d 308, 314 , 151 N. W. 2d 68 , in the concurring opinion and since then in Pruss v. Strube (1968), 37 Wis. 2d 539, 546 , 155 N. W. 2d 650 ; Vincent v. Pabst Brewing Co. (1970), 47 Wis. 2d 120, 139 , 177 N. W. 2d 513 (dissenting opinion); Bourassa v. Gateway Erectors, Inc. (1972), 54 Wis. 2d 176, 181, n. 1 , 194 N. W. 2d 602 ; and Gross v. Denow, supra, at 54. 3 “251.09 Discretionary reversal.

22
Makowski v. Ehlenbachgreen
wis · 1960 · cited in 3 Wisconsin opinions naming this issue, 1964–1994
2 sentences

1994The Powers rule, as it applies to this case, allows the trial court to set aside a damage award which it determines "is too large to be supported by the evidence." See Makowski v. Ehlenbach, 11 Wis. 2d 38, 42 , 103 N.W.2d 907, 910 (1960) (applying § 270.49(2), STATS., 1959, the former additur and remittitur statute).

1994The Powers rule, as it applies to this case, allows the trial court to set aside a damage award which it determines "is too large to be supported by the evidence." See Makowski v. Ehlenbach, 11 Wis. 2d 38, 42 , 103 N.W.2d 907, 910 (1960) (applying § 270.49(2), STATS., 1959, the former additur and remittitur statute).

13
Management Computer Services, Inc. v. Hawkins, Ash, Baptie & Co.green
wis · 1996 · cited in 2 Wisconsin opinions naming this issue, 2004–2020
2 sentences

2020Co., 10 Wis. 2d 78, 91-92 , 102 N.W.2d 393 (1960) (adopting what has become known as the “Powers rule,” which allows a court to set aside inadequate damages and offer plaintiff option of additur or a new trial on the issue of damages); see generally Management Computer Servs., Inc. v. Hawkins, Ash, Baptie & Co., 206 Wis. 2d 158, 190-93 , 557 N.W.2d 67 (1996) (discussing Powers rule). ¶17 “Our standard of review of a jury’s verdict is severely circumscribed.

2020Co., 10 Wis. 2d 78, 91-92 , 102 N.W.2d 393 (1960) (adopting what has become known as the “Powers rule,” which allows a court to set aside inadequate damages and offer plaintiff option of additur or a new trial on the issue of damages); see generally Management Computer Servs., Inc. v. Hawkins, Ash, Baptie & Co., 206 Wis. 2d 158, 190-93 , 557 N.W.2d 67 (1996) (discussing Powers rule). ¶17 “Our standard of review of a jury’s verdict is severely circumscribed.

12
Meke v. Nicolgreen
wis · 1973 · cited in 1 Wisconsin opinions naming this issue, 1995–1995
2 sentences

1995See Meke v. Nicol, 56 Wis. 2d 654, 658 , 203 N.W.2d 129, 132 (1973) (evidence of an individual defendant's wealth is inadmissible when punitive damages are sought from multiple defendants). [14] "The Powers rule ... allows both the trial court and the appellate court to determine a reasonable award and to grant the plaintiff the option of accepting that sum or having a new trial.

1995See Meke v. Nicol, 56 Wis. 2d 654, 658 , 203 N.W.2d 129, 132 (1973) (evidence of an individual defendant's wealth is inadmissible when punitive damages are sought from multiple defendants). [14] "The Powers rule ... allows both the trial court and the appellate court to determine a reasonable award and to grant the plaintiff the option of accepting that sum or having a new trial.

11
Wangen v. Ford Motor Co.green
wis · 1980 · cited in 1 Wisconsin opinions naming this issue, 1995–1995
2 sentences

1995This court has exercised this kind of control in punitive damage cases." Wangen v. Ford Motor Co., 97 Wis. 2d 260, 307 , 294 N.W.2d 437, 461 (1980) (citations omitted).

1995This court has exercised this kind of control in punitive damage cases." Wangen v. Ford Motor Co., 97 Wis. 2d 260, 307 , 294 N.W.2d 437, 461 (1980) (citations omitted).

11
Roach v. Keanegreen
wis · 1976 · cited in 1 Wisconsin opinions naming this issue, 1984–1984
2 sentences

1984See Roach, 73 Wis. 2d at 539-40 , 243 N.W.2d at 517 .

1984See Roach, 73 Wis. 2d at 539-40 , 243 N.W.2d at 517 .

11
Gross v. Denowgreen
wis · 1973 · cited in 1 Wisconsin opinions naming this issue, 1977–1977
2 sentences

1977I have been authorized to state that Mr. Justice DAY joins in this dissenting opinion. 61 Wis.2d 40, 53, 54 , 212 N.W.2d 2 (1973).

1977I have been authorized to state that Mr. Justice DAY joins in this dissenting opinion. 61 Wis.2d 40, 53, 54 , 212 N.W.2d 2 (1973).

11
Firkus v. Rombalskigreen
wis · 1964 · cited in 1 Wisconsin opinions naming this issue, 1970–1970
2 sentences

1970See Firkus v. Rombalski (1964), 25 Wis. 2d 352 , 130 N. W. 2d 835 , where a new trial was granted only on the question of apportionment.

1970See Firkus v. Rombalski (1964), 25 Wis. 2d 352 , 130 N. W. 2d 835 , where a new trial was granted only on the question of apportionment.

11
Parchia v. Parchiagreen
wis · 1964 · cited in 1 Wisconsin opinions naming this issue, 1967–1967
11
Spiegel v. Silver Lake Beach Enterprises, Inc.green
wis · 1957 · cited in 1 Wisconsin opinions naming this issue, 1967–1967
11
Kablitz v. Hoeftgreen
wis · 1964 · cited in 1 Wisconsin opinions naming this issue, 1965–1965
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (28)

CaseCitedYears
Powers v. Allstate Insurance green
wis · 1960
2 sentences

2020Co., 10 Wis. 2d 78, 91-92 , 102 N.W.2d 393 (1960) (adopting what has become known as the “Powers rule,” which allows a court to set aside inadequate damages and offer plaintiff option of additur or a new trial on the issue of damages); see generally Management Computer Servs., Inc. v. Hawkins, Ash, Baptie & Co., 206 Wis. 2d 158, 190-93 , 557 N.W.2d 67 (1996) (discussing Powers rule). ¶17 “Our standard of review of a jury’s verdict is severely circumscribed.

2020Co., 10 Wis. 2d 78, 91-92 , 102 N.W.2d 393 (1960) (adopting what has become known as the “Powers rule,” which allows a court to set aside inadequate damages and offer plaintiff option of additur or a new trial on the issue of damages); see generally Management Computer Servs., Inc. v. Hawkins, Ash, Baptie & Co., 206 Wis. 2d 158, 190-93 , 557 N.W.2d 67 (1996) (discussing Powers rule). ¶17 “Our standard of review of a jury’s verdict is severely circumscribed.

141963–2020
Spleas v. Milwaukee & Suburban Transport Corp. green
wis · 1963
2 sentences

1966Co. (1960), 10 Wis. (2d) 78, 91, 102 N. W. (2d) 398 : “. . . where an excessive verdict is not due to perversity or prejudice, and is not the result of error occurring during the course of trial, the plaintiff should be granted the option of remitting the excess over and above such sum as the court shall determine is the reasonable amount of plaintiff’s damages, or of having a new trial on the issue of damages.” While it is clear that Spleas v. Milwaukee & Suburban Transport Corp. (1963), 21 Wis. (2d) 635, 645, 124 N. W. (2d) 593 , extended the application of the Powers rule procedure to cases

1966Co. (1960), 10 Wis. (2d) 78, 91, 102 N. W. (2d) 398 : “. . . where an excessive verdict is not due to perversity or prejudice, and is not the result of error occurring during the course of trial, the plaintiff should be granted the option of remitting the excess over and above such sum as the court shall determine is the reasonable amount of plaintiff’s damages, or of having a new trial on the issue of damages.” While it is clear that Spleas v. Milwaukee & Suburban Transport Corp. (1963), 21 Wis. (2d) 635, 645, 124 N. W. (2d) 593 , extended the application of the Powers rule procedure to cases

51964–1972
Lawver v. City of Park Falls green
wis · 1967
2 sentences

1974Co. (1960), 10 Wis. 2d 78 , 102 N. W. 2d 393 . 2 This proposed application of the Powers rule was first advocated in Lawver v. Park Falls (1967), 35 Wis. 2d 308, 314 , 151 N. W. 2d 68 , in the concurring opinion and since then in Pruss v. Strube (1968), 37 Wis. 2d 539, 546 , 155 N. W. 2d 650 ; Vincent v. Pabst Brewing Co. (1970), 47 Wis. 2d 120, 139 , 177 N. W. 2d 513 (dissenting opinion); Bourassa v. Gateway Erectors, Inc. (1972), 54 Wis. 2d 176, 181, n. 1 , 194 N. W. 2d 602 ; and Gross v. Denow, supra, at 54. 3 “251.09 Discretionary reversal.

1974Co. (1960), 10 Wis. 2d 78 , 102 N. W. 2d 393 . 2 This proposed application of the Powers rule was first advocated in Lawver v. Park Falls (1967), 35 Wis. 2d 308, 314 , 151 N. W. 2d 68 , in the concurring opinion and since then in Pruss v. Strube (1968), 37 Wis. 2d 539, 546 , 155 N. W. 2d 650 ; Vincent v. Pabst Brewing Co. (1970), 47 Wis. 2d 120, 139 , 177 N. W. 2d 513 (dissenting opinion); Bourassa v. Gateway Erectors, Inc. (1972), 54 Wis. 2d 176, 181, n. 1 , 194 N. W. 2d 602 ; and Gross v. Denow, supra, at 54. 3 “251.09 Discretionary reversal.

31968–1974
Pruss v. Strube green
wis · 1968
2 sentences

1974Co. (1960), 10 Wis. 2d 78 , 102 N. W. 2d 393 . 2 This proposed application of the Powers rule was first advocated in Lawver v. Park Falls (1967), 35 Wis. 2d 308, 314 , 151 N. W. 2d 68 , in the concurring opinion and since then in Pruss v. Strube (1968), 37 Wis. 2d 539, 546 , 155 N. W. 2d 650 ; Vincent v. Pabst Brewing Co. (1970), 47 Wis. 2d 120, 139 , 177 N. W. 2d 513 (dissenting opinion); Bourassa v. Gateway Erectors, Inc. (1972), 54 Wis. 2d 176, 181, n. 1 , 194 N. W. 2d 602 ; and Gross v. Denow, supra, at 54. 3 “251.09 Discretionary reversal.

1974Co. (1960), 10 Wis. 2d 78 , 102 N. W. 2d 393 . 2 This proposed application of the Powers rule was first advocated in Lawver v. Park Falls (1967), 35 Wis. 2d 308, 314 , 151 N. W. 2d 68 , in the concurring opinion and since then in Pruss v. Strube (1968), 37 Wis. 2d 539, 546 , 155 N. W. 2d 650 ; Vincent v. Pabst Brewing Co. (1970), 47 Wis. 2d 120, 139 , 177 N. W. 2d 513 (dissenting opinion); Bourassa v. Gateway Erectors, Inc. (1972), 54 Wis. 2d 176, 181, n. 1 , 194 N. W. 2d 602 ; and Gross v. Denow, supra, at 54. 3 “251.09 Discretionary reversal.

21973–1974
Vincent v. Pabst Brewing Co. green
wis · 1970
2 sentences

1974Co. (1960), 10 Wis. 2d 78 , 102 N. W. 2d 393 . 2 This proposed application of the Powers rule was first advocated in Lawver v. Park Falls (1967), 35 Wis. 2d 308, 314 , 151 N. W. 2d 68 , in the concurring opinion and since then in Pruss v. Strube (1968), 37 Wis. 2d 539, 546 , 155 N. W. 2d 650 ; Vincent v. Pabst Brewing Co. (1970), 47 Wis. 2d 120, 139 , 177 N. W. 2d 513 (dissenting opinion); Bourassa v. Gateway Erectors, Inc. (1972), 54 Wis. 2d 176, 181, n. 1 , 194 N. W. 2d 602 ; and Gross v. Denow, supra, at 54. 3 “251.09 Discretionary reversal.

1974Co. (1960), 10 Wis. 2d 78 , 102 N. W. 2d 393 . 2 This proposed application of the Powers rule was first advocated in Lawver v. Park Falls (1967), 35 Wis. 2d 308, 314 , 151 N. W. 2d 68 , in the concurring opinion and since then in Pruss v. Strube (1968), 37 Wis. 2d 539, 546 , 155 N. W. 2d 650 ; Vincent v. Pabst Brewing Co. (1970), 47 Wis. 2d 120, 139 , 177 N. W. 2d 513 (dissenting opinion); Bourassa v. Gateway Erectors, Inc. (1972), 54 Wis. 2d 176, 181, n. 1 , 194 N. W. 2d 602 ; and Gross v. Denow, supra, at 54. 3 “251.09 Discretionary reversal.

21973–1974
Wells v. National Indemnity Company green
wis · 1968
2 sentences

1972Spleas v. Milwaukee & Suburban Transport Corp. (1963), 21 Wis. 2d 635, 646 , 124 N. W. 2d 593 ; ace Wells v. National Indemnity Co. (1968), 41 Wis. 2d 1 , 162 N. W. 2d 562 , and cases therein cited for procedure.

1972Spleas v. Milwaukee & Suburban Transport Corp. (1963), 21 Wis. 2d 635, 646 , 124 N. W. 2d 593 ; ace Wells v. National Indemnity Co. (1968), 41 Wis. 2d 1 , 162 N. W. 2d 562 , and cases therein cited for procedure.

21970–1972
Boodry v. Byrne green
wis · 1964
2 sentences

1965Jur., Damages, p. 621, sec. 205; Bethke v. Duwe (1950), 256 Wis. 378, 384 , 41 N. W. (2d) 277 ; Makowski v. Ehlenbach, supra , footnote 8, at page 42; Olson v. Siordia, supra , footnote 6, at page 283; see Kablitz v. Hoeft (1964), 25 Wis. (2d) 518, 525, 131 N. W. (2d) 346 . [10] Makowski v. Ehlenbach, supra , footnote 8, at page 42; Olson v. Siordia, supra , footnote 6, at page 284. [11] Kincannon v. National Indemnity Co. (1958), 5 Wis. (2d) 231, 233, 92 N. W. (2d) 884 ; Boodry v. Byrne (1964), 22 Wis. (2d) 585, 126 N. W. (2d) 503 ; Olson v. Siordia, supra , footnote 6. [12] Boodry v. Byrne,

1965Jur., Damages, p. 621, sec. 205; Bethke v. Duwe (1950), 256 Wis. 378, 384 , 41 N. W. (2d) 277 ; Makowski v. Ehlenbach, supra , footnote 8, at page 42; Olson v. Siordia, supra , footnote 6, at page 283; see Kablitz v. Hoeft (1964), 25 Wis. (2d) 518, 525, 131 N. W. (2d) 346 . [10] Makowski v. Ehlenbach, supra , footnote 8, at page 42; Olson v. Siordia, supra , footnote 6, at page 284. [11] Kincannon v. National Indemnity Co. (1958), 5 Wis. (2d) 231, 233, 92 N. W. (2d) 884 ; Boodry v. Byrne (1964), 22 Wis. (2d) 585, 126 N. W. (2d) 503 ; Olson v. Siordia, supra , footnote 6. [12] Boodry v. Byrne,

21964–1965
Kincannon v. National Indemnity Co. green
wis · 1958
2 sentences

1963NOTES [1] Kincannon v. National Indemnity Co. (1958), 5 Wis. (2d) 231, 92 N. W. (2d) 884 . [2] Cases in which this court, since the Powers rule, has found the verdict excessive and not supported by the evidence are: Powers v. Allstate Ins.

1963NOTES [1] Kincannon v. National Indemnity Co. (1958), 5 Wis. (2d) 231, 92 N. W. (2d) 884 . [2] Cases in which this court, since the Powers rule, has found the verdict excessive and not supported by the evidence are: Powers v. Allstate Ins.

21963–1965
Beijer v. Beijer neutral
wis · 1960
2 sentences

1960In Beijer v. Beijer, ante, p. 207, 105 N. W. (2d) 348 , this court applied the Powers rule and set the reasonable amount of damages because the trial court had approved the jury’s verdict.

1960In Beijer v. Beijer, ante, p. 207, 105 N. W. (2d) 348 , this court applied the Powers rule and set the reasonable amount of damages because the trial court had approved the jury’s verdict.

21960–1963
Fahrenberg v. Tengel green
wis · 1980
2 sentences

1996Carlson & Erickson Builders, 190 Wis. 2d at 669; Fahrenberg v. Tengel, 96 Wis. 2d 211, 229-31 , 291 N.W.2d 516 (1980).

1996Carlson & Erickson Builders, 190 Wis. 2d at 669; Fahrenberg v. Tengel, 96 Wis. 2d 211, 229-31 , 291 N.W.2d 516 (1980).

11996–1996
Malco, Inc. v. Midwest Aluminum Sales, Inc. green
wis · 1961
2 sentences

1996Co., 10 Wis. 2d 78 , 102 N.W.2d 393 (1960), and extended the Powers rule to punitive damages in Malco, Inc. v. Midwest Aluminum Sales, Inc., 14 Wis. 2d 57 , 109 N.W.2d 516 (1961).

1996Co., 10 Wis. 2d 78 , 102 N.W.2d 393 (1960), and extended the Powers rule to punitive damages in Malco, Inc. v. Midwest Aluminum Sales, Inc., 14 Wis. 2d 57 , 109 N.W.2d 516 (1961).

11996–1996
Steinhorst v. H. C. Prange Co. green
wis · 1970
1 sentence

1978Prange Co., 48 Wis.2d 679 , 180 N.W.2d 725 (1970), we held that the owner of a retail business was conducting the business in such a manner that the defect or dangerous condition occasioned by customers should have been anticipated, and in such cases the owner was charged with notice when only a very short period of time had elapsed. 8 Justice Day and the author of this opinion would have the court apply the Powers rule, Powers v. Allstate Ins.

11978–1978
Longville v. Leusman green
wis · 1970
2 sentences

1975Longville v. Leusman (1970), 48 Wis. 2d 251, 260 , 179 N. W. 2d 823 .

1975Longville v. Leusman (1970), 48 Wis. 2d 251, 260 , 179 N. W. 2d 823 .

11975–1975
Hillstead v. Smith neutral
wis · 1969
2 sentences

1972We do not agree. *60 In Hillstead v. Smith (1969), 44 Wis. 2d 560, 567 , 171 N. W. 2d 315 , this court stated: “In the absence of patent unreasonableness of the apportionment, we will not substitute our judgment for that of the jury.

1972We do not agree. *60 In Hillstead v. Smith (1969), 44 Wis. 2d 560, 567 , 171 N. W. 2d 315 , this court stated: “In the absence of patent unreasonableness of the apportionment, we will not substitute our judgment for that of the jury.

11972–1972
Schneider v. Mistele green
wis · 1968
2 sentences

1972By the Court. — Judgment affirmed in part, reversed in part, and cause remanded for further proceedings pursuant to this opinion. 1 Schneider v. Mistele (1968), 39 Wis. 2d 137, 140 , 158 N. W. 2d 383 ; Kundert v. Johnson (1955), 268 Wis. 484, 485 , 68 N. W. 2d 42 ; Paulson v. Scott (1951), 260 Wis. 141, 143 , 50 N. W. 2d 376 ; Maahs v. Schultz (1932), 207 Wis. 624, 633 , 242 N. W. 195 . 2 Plaintiff testified that she did not consider her marriage to be beyond reconciliation until after the present suit had been started; that she and her former husband continued to live together after being div

1972By the Court. — Judgment affirmed in part, reversed in part, and cause remanded for further proceedings pursuant to this opinion. 1 Schneider v. Mistele (1968), 39 Wis. 2d 137, 140 , 158 N. W. 2d 383 ; Kundert v. Johnson (1955), 268 Wis. 484, 485 , 68 N. W. 2d 42 ; Paulson v. Scott (1951), 260 Wis. 141, 143 , 50 N. W. 2d 376 ; Maahs v. Schultz (1932), 207 Wis. 624, 633 , 242 N. W. 195 . 2 Plaintiff testified that she did not consider her marriage to be beyond reconciliation until after the present suit had been started; that she and her former husband continued to live together after being div

11972–1972
Paulson v. Scott green
wis · 1951
2 sentences

1972By the Court. — Judgment affirmed in part, reversed in part, and cause remanded for further proceedings pursuant to this opinion. 1 Schneider v. Mistele (1968), 39 Wis. 2d 137, 140 , 158 N. W. 2d 383 ; Kundert v. Johnson (1955), 268 Wis. 484, 485 , 68 N. W. 2d 42 ; Paulson v. Scott (1951), 260 Wis. 141, 143 , 50 N. W. 2d 376 ; Maahs v. Schultz (1932), 207 Wis. 624, 633 , 242 N. W. 195 . 2 Plaintiff testified that she did not consider her marriage to be beyond reconciliation until after the present suit had been started; that she and her former husband continued to live together after being div

1972By the Court. — Judgment affirmed in part, reversed in part, and cause remanded for further proceedings pursuant to this opinion. 1 Schneider v. Mistele (1968), 39 Wis. 2d 137, 140 , 158 N. W. 2d 383 ; Kundert v. Johnson (1955), 268 Wis. 484, 485 , 68 N. W. 2d 42 ; Paulson v. Scott (1951), 260 Wis. 141, 143 , 50 N. W. 2d 376 ; Maahs v. Schultz (1932), 207 Wis. 624, 633 , 242 N. W. 195 . 2 Plaintiff testified that she did not consider her marriage to be beyond reconciliation until after the present suit had been started; that she and her former husband continued to live together after being div

11972–1972
Maahs v. Schultz green
wis · 1932
2 sentences

1972By the Court. — Judgment affirmed in part, reversed in part, and cause remanded for further proceedings pursuant to this opinion. 1 Schneider v. Mistele (1968), 39 Wis. 2d 137, 140 , 158 N. W. 2d 383 ; Kundert v. Johnson (1955), 268 Wis. 484, 485 , 68 N. W. 2d 42 ; Paulson v. Scott (1951), 260 Wis. 141, 143 , 50 N. W. 2d 376 ; Maahs v. Schultz (1932), 207 Wis. 624, 633 , 242 N. W. 195 . 2 Plaintiff testified that she did not consider her marriage to be beyond reconciliation until after the present suit had been started; that she and her former husband continued to live together after being div

1972By the Court. — Judgment affirmed in part, reversed in part, and cause remanded for further proceedings pursuant to this opinion. 1 Schneider v. Mistele (1968), 39 Wis. 2d 137, 140 , 158 N. W. 2d 383 ; Kundert v. Johnson (1955), 268 Wis. 484, 485 , 68 N. W. 2d 42 ; Paulson v. Scott (1951), 260 Wis. 141, 143 , 50 N. W. 2d 376 ; Maahs v. Schultz (1932), 207 Wis. 624, 633 , 242 N. W. 195 . 2 Plaintiff testified that she did not consider her marriage to be beyond reconciliation until after the present suit had been started; that she and her former husband continued to live together after being div

11972–1972
Kundert v. Johnson neutral
wis · 1955
2 sentences

1972By the Court. — Judgment affirmed in part, reversed in part, and cause remanded for further proceedings pursuant to this opinion. 1 Schneider v. Mistele (1968), 39 Wis. 2d 137, 140 , 158 N. W. 2d 383 ; Kundert v. Johnson (1955), 268 Wis. 484, 485 , 68 N. W. 2d 42 ; Paulson v. Scott (1951), 260 Wis. 141, 143 , 50 N. W. 2d 376 ; Maahs v. Schultz (1932), 207 Wis. 624, 633 , 242 N. W. 195 . 2 Plaintiff testified that she did not consider her marriage to be beyond reconciliation until after the present suit had been started; that she and her former husband continued to live together after being div

1972By the Court. — Judgment affirmed in part, reversed in part, and cause remanded for further proceedings pursuant to this opinion. 1 Schneider v. Mistele (1968), 39 Wis. 2d 137, 140 , 158 N. W. 2d 383 ; Kundert v. Johnson (1955), 268 Wis. 484, 485 , 68 N. W. 2d 42 ; Paulson v. Scott (1951), 260 Wis. 141, 143 , 50 N. W. 2d 376 ; Maahs v. Schultz (1932), 207 Wis. 624, 633 , 242 N. W. 195 . 2 Plaintiff testified that she did not consider her marriage to be beyond reconciliation until after the present suit had been started; that she and her former husband continued to live together after being div

11972–1972
Neider v. Spoehr neutral
wis · 1968
2 sentences

1969When the trial court has thus reviewed the evidence, and ordered an option under the Powers rule, the rule for review in this court is as follows: “ ‘Where a trial judge has reviewed all the evidence and has found a jury verdict awarding damages to be excessive and has fixed a reduced amount therefor, and has determined that there should be a new trial on damages unless the plaintiff takes his option for a judgment on the reduced amount, this court will reverse his directions “only if we find an abuse of discretion on the part of the trial court.” ’ ” Neider v. Spoehr (1968), 39 Wis. 2d 552, 5

1969When the trial court has thus reviewed the evidence, and ordered an option under the Powers rule, the rule for review in this court is as follows: “ ‘Where a trial judge has reviewed all the evidence and has found a jury verdict awarding damages to be excessive and has fixed a reduced amount therefor, and has determined that there should be a new trial on damages unless the plaintiff takes his option for a judgment on the reduced amount, this court will reverse his directions “only if we find an abuse of discretion on the part of the trial court.” ’ ” Neider v. Spoehr (1968), 39 Wis. 2d 552, 5

11969–1969
Reinke v. Woltjen green
wis · 1966
2 sentences

1968In Reinke v. Woltjen (1966), 32 Wis. 2d 653, 660 , 146 N. W. 2d 493 , we reviewed the authorities on the subject of compensation for impairment of earning capacity and concluded the following: “In determining damages to be awarded for impairment of earning capacity or loss of future earnings, in most instances, the finder of the fact must deal in some probabilities.

1968In Reinke v. Woltjen (1966), 32 Wis. 2d 653, 660 , 146 N. W. 2d 493 , we reviewed the authorities on the subject of compensation for impairment of earning capacity and concluded the following: “In determining damages to be awarded for impairment of earning capacity or loss of future earnings, in most instances, the finder of the fact must deal in some probabilities.

11968–1968
Lewandowski v. Preferred Risk Mutual Insurance green
wis · 1966
2 sentences

1968Co. (1966), 33 Wis. 2d 69, 78 , 146 N. W. 2d 505 : “In applying the Powers rule, the court must set the amount of damages at a figure which it considers to be the most reasonable in view of the evidence, and since reasonable men may differ, the trial court’s determination will be upheld if it falls within a range of reasonableness.” Applying the foregoing rules to the facts of the case and the opinion of the trial court, we find no abuse of judicial discretion by the trial court as to its conclusions on excessiveness of the jury finding nor the reasonableness of the amount fixed for the plaint

1968Co. (1966), 33 Wis. 2d 69, 78 , 146 N. W. 2d 505 : “In applying the Powers rule, the court must set the amount of damages at a figure which it considers to be the most reasonable in view of the evidence, and since reasonable men may differ, the trial court’s determination will be upheld if it falls within a range of reasonableness.” Applying the foregoing rules to the facts of the case and the opinion of the trial court, we find no abuse of judicial discretion by the trial court as to its conclusions on excessiveness of the jury finding nor the reasonableness of the amount fixed for the plaint

11968–1968
Bielski v. Schulze green
wis · 1962
2 sentences

1967This suggestion is a logical extension of Bielski v. Schulze (1962), 16 Wis. (2d) 1, 114 N. W. (2d) 105 , and the Powers rule.

1967This suggestion is a logical extension of Bielski v. Schulze (1962), 16 Wis. (2d) 1, 114 N. W. (2d) 105 , and the Powers rule.

11967–1967
Boyle v. Larzelere neutral
wis · 1944
11967–1967
Moldenhauer v. Faschingbauer neutral
wis · 1966
11966–1966
Bethke v. Duwe green
wis · 1950
11965–1965
O'Brien v. State Farm Mutual Automobile Insurance green
wis · 1962
11964–1964
Freuen v. Brenner neutral
wis · 1962
11963–1963
Teufel v. Home Indemnity Co. neutral
wis · 1961
11963–1963

Statutes the citing opinions construe

WI § Wis. Stat. § 895.045 (6) WI § Wis. Stat. § 805.15 (4) WI § Wis. Stat. § 251.09 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WI 36 (1960–2020) IL 13 (1974–2022) TX 13 (1957–2025) PA 11 (1831–2026) CA 9 (1864–2025) OH 8 (1979–2020) KY 7 (2012–2024) NY 6 (1913–2019) MI 5 (1976–2018) MA 5 (1975–2021) NJ 5 (1959–1997) WA 5 (1992–2024) WV 4 (2004–2018) GA 4 (1994–2015) MO 3 (1870–2020) MS 2 (1995–2023) NM 2 (1999–1999) NV 2 (1998–2022) TN 2 (2011–2022) CO 2 (2024–2024) DC 2 (1987–2008) AZ 2 (2012–2019) RI 2 (1999–2014) AL 2 (1999–2004) DE 2 (2022–2024) SC 2 (1990–2025) AR 2 (1990–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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