Wintersberger v. Pioneer Iron & Metal Co.

The appellant’s first contention is that a lack of evidence in support of a jury’s answer does not constitute a basis for changing the answer by the court and urges the correct rule is stated in Blohowak v. Grochoski (1903), 119 Wis. 189, 96 N. W. 551, to the effect that to change the jury’s answer in the verdict the finding must be contrary to the undisputed credible evidence. This form of stating the rule has never been repeated by this court since the Blohowak Case.

The correct test of the sufficiency of evidence necessary to sustain a jury’s answer is whether there is any credible evidence…