Luke v. Northwestern National Casualty Co.

In its order for judgment the court stated the answers relating to Starr’s negligence and its causal effect “were based upon speculation and conjecture in view of the testimony and most particularly the testimony of Richard Helm with respect to his inability to give an opinion as to how long the wearing had been taking place on the brake hose in question, and in view of the other evidence.” The issue on this appeal is whether there was any credible evidence sufficient to sustain the jury verdict; if there was, the trial court should not have changed the answers.

The evidence is practically…