Smith v. Poor Hand Maids of Jesus Christ

Under the provisions of sec. 270.28 of the Statutes, which provides: “Whenever any special verdict shall be submitted to a jury and there is omitted therefrom some controverted matter of fact not brought to the attention of the trial court by request but essential to sustain the judgment, such matter of fact shall be deemed determined by the court in conformity with its judgment, . . .” a new trial should be denied unless it clearly appears from the record that justice has not been done. Both counsel, as it appears from the record, labored under the impression that the vital-issue involved…