Schilling v. Gall

The Comparison of Negligence.

The appellant reasons that if Mr. Schilling was negligent, as the jury held, it must have been based upon his having stopped on the highway without lights. Mr. Heckel asks: How can 60 percent of the negligence be attributed to me when Mr. Schilling has committed such serious violations ?

The answer to Mr. Heekel’s question is that we do not know precisely what conduct on the part of Mr. Schilling was deemed by the jury to be negligent. There was a basic conflict in the testimony, and various combinations of fact-finding on the part of the jury were permissible. Mr.…