Strupp v. Farmers Mutual Automobile Insurance

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,

“. . . it is necessary for at least the same 10 jurors to agree on every question that it is necessary for them to consider in answering the question of…