Home Savings Bank v. Gertenbach

Counsel for the defendant Gertenbach correctly urges that the learned trial court applied the wrong *392test, as to the sufficiency of evidence necessary to sustain the jury’s answer to the first question of the special verdict, in setting the same aside on the ground that such answer was “against the great weight and preponderance of the credible evidence in the case.” The proper test to have been applied was whether there was any credible evidence which supported the jury’s answer. Anderson v. Stricker (1954), 266 Wis. 1, 6, 62 N. W. (2d) 396; Commerce Ins. Co. v. Badger P. & H. Stores (1953),…