Murawski v. Brown

Two issues are presented on this appeal:(1) Did the trial court err in failing to grant appellant’s motion for a directed verdict; and(2) Are the damages excessive ?

Question of directed verdict.

A verdict should only be directed against a plaintiff where plaintiff’s evidence, giving it the most favorable construction it will reasonably bear, is insufficient to sustain a verdict in plaintiff’s favor. Wallow v. Zupan (1967), 35 Wis. 2d 195, 150 N. W. 2d 329; Baumgarten v. Jones (1963), 21 Wis. 2d 467, 124 N. W. 2d 609.

The central issue in this case is whether or not the railroad had a duty to…