Markovich v. Schlafke

The only errors assigned on this appeal are: (1) That the trial court erred in denying defendants’ motion for judgment in their favor notwithstanding the verdict, and (2) that the trial court erred in refusing to grant their motion to change the answer to the fifth question of the special verdict, which related to the assumption of risk, from “No” to “Yes,” and for judgment in their favor upon the verdict as so changed. Both assignments of error involve the same contention. That contention is that the accident *641was caused by the defendant’s going tO' sleep while operating his automobile and…