Vroman v. Kempke

We believe the verdict is so defective as to be void and unable to support a judgment and consequently there must be a reversal and a new trial. It was not proper to include the passive negligence of the two guest-passengers in the same comparative-negligence question with the active negligence of the host and thus require the jury to assume the total of the negligence, active and passive, of all the parties constituted 100 percent. Such form of verdict would be correct in the rare case where the negligence of the passengers was active in the sense it contributed with the host’s negligence to…