Statz v. Pohl

As we have stated, the jury found Pohl negligent only as to control, but that such negligence was not a cause of the accident. But in answer to the question which inquires as to comparative negligence they also found that Pohl’s negligence contributed to the cause of the accident to the extent of 20 per cent. The trial court concluded that the verdict is inconsistent and ordered a new trial. Pohl appeals from that order.

It is not possible to reconcile the conflicting views .of this court expressed in opinions dealing with the precise question. Bodden v. John H. Detter Coffee Co. 218 Wis. 451,…