Olson v. Williams

Appellant contends that: (1) The evidence does not support a finding of assumption of risk on the part of Duane L. Olson; (2) that plaintiff is entitled to judgment notwithstanding the answer to the question of the special verdict relating to assumption of risk; or in the alternative (3) that a new trial be granted in the interest of justice.

Pertinent to consideration of such contention is the observation of Mr. Justice Gehl in Olson v. Milwaukee Automobile Ins. Co. (1954), 266 Wis. 106, 109, 62 N. W. (2d) 549, 63 N. W. (2d) 740, that:

“It is the well-recognized rule that when a jury’s…