Davis v. Skille

While the brief of the plaintiff attempts to raise other issues, we consider that there is but one question which we need decide. Such question is whether the issue of comparative negligence was one which should have been passed on by the jury rather than by the trial court in directing a verdict.

A verdict should only be directed against a plaintiff where plaintiffs evidence, giving it the most-favorable construction it will reasonably bear, is insufficient to sustain a verdict in plaintiffs favor. Western Casualty & Surety Co. v. Dairyland Mut. Ins. Co. (1956), 273 Wis. 349, 351, 77 N. W.…