Combs v. Peters

• Decision Date: 30 June 1964
• Citation: Combs v. Peters, 129 N.W.2d 174, 23 Wis.2d 629 (Wis. 1964)
• Parties: Charles COMBS et al., Appellants, v. Harold PETERS et al., Respondents.
• Court: Wisconsin Supreme Court

Page 174

129 N.W.2d 174

23 Wis.2d 629

Charles COMBS et al., Appellants, v.Harold PETERS et al., Respondents.

Supreme Court of Wisconsin.

June 30, 1964.

Kivett & Kasdorf, Milwaukee, John M. Swietlik, Milwaukee, of counsel, for respondents.

Eisenberg & Kletzke, Edwin A. Star, Milwaukee, for appellants.

PER CURIAM.

The majority of the court has reached the conclusion that plaintiffs' showing of timely diligence in seeking to discover the identity of Officer Gascoigne was insufficient to make it an abuse of discretion for the circuit court to deny a new trial on the grounds of newly discovered evidence.Upon further review of the record, however (independent of the proposed new evidence), and particularly of the evidence of record tending to show that defendant Peters was the offending driver, it appears probable that the jury finding to the contrary was a miscarriage of justice.For that reason we exercise our discretion under ...