Britton v. Hoyt

The basic issue on this appeal is whether the trial court should have changed the apportionment of causal negligence found by the jury; and if so, whether the apportionment made is sustained by the evidence.

The facts out of which this issue arises are somewhat in dispute. Britton and Lund spent part of the evening of July 29, 1968, at a dance hall called “Out of Sight” in *691Menomonie. They danced and drank beer until closing, about 1 o’clock in the morning, and then proceeded toward Britton’s home. After driving approximately two or two and a half miles on a county road, Britton was going west…