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STRUPP v. FARMERS MUT. AUTOMOBILE INS. CO.

14 Wis.2d 158 (1961)

STRUPP and another, Plaintiffs and Appellants, v. FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Defendants and Respondents: SUPERIOR MUTUAL INSURANCE COMPANY, Impleaded Defendant and Respondent. MOTORS INSURANCE CORPORATION, Plaintiff and Appellant, v. EBERT and another, Defendants and Respondents.

Supreme Court of Wisconsin.

June 27, 1961.

Attorney(s) appearing for the Case

For the appellants there was a brief by Phillips, Phillips, Hoffman & Lay of Milwaukee, for Cornelius Strupp and Janice E. Aussem; and by Ben G. Slater of Milwaukee, attorney, and Bertram J. Hoffman of Milwaukee of counsel, for Motors Insurance Corporation, and oral argument by N. Paley Phillips.

For the respondents there was a brief and oral argument by John W. Emmerling of Milwaukee.

For the impleaded respondent there was a brief by Goldschmidt, deVries, Hollander & Vlasak of Milwaukee.

FAIRCHILD, J.

1. Defective verdict. The verdict was defective as to the essential liability questions. Ten jurors agreed that both drivers were causally negligent, but only nine of those 10 agreed on the comparison. "... If more than one question must be answered to arrive at a verdict on the same cause of action, the same five sixths of the jurors must agree on all such questions." Sec. 270.25 (1), Stats.

When a comparison of negligence is called for...

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