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STATZ v. POHL

266 Wis. 23 (1954)

STATZ and others, Respondents, vs. POHL and another, Appellants. [Two cases.]

Supreme Court of Wisconsin.

February 2, 1954.

Attorney(s) appearing for the Case

For the appellants there was a brief by Aberg, Bell, Blake & Conrad and Carroll Metzner, all of Madison, and oral argument by Mr. Metzner.

For the respondents there was a brief by McAndrews & Melli, attorneys, and Richard L. Cates of counsel, all of Madison, and oral argument by Mr. Joseph A. Melli and Mr. Cates.

GEHL, J.

As we have stated, the jury found Pohl negligent only as to control, but that such negligence was not a cause of the accident. But in answer to the question which inquires as to comparative negligence they also found that Pohl's negligence contributed to the cause of the accident to the extent of 20 per cent. The trial court concluded that the verdict is inconsistent and ordered a new trial. Pohl appeals from that order.

It is not possible to reconcile...

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