Haywood v. Swift & Co.

This appeal is from the failure of the trial judge to enter a judgment in favor of the defendant upon the return of a special interrogatory by the jury finding that the plaintiff was not in the exercise of ordinary care for his own safety prior to and at the time of the occurrence complained of, and from-the denial of defendant’s post-trial motion seeking the entry of judgment for the defendant. No general verdict was returned by the jury.

After a trial the jury, after deliberation, informed the court that it could not reach a verdict. Upon discharge of the jury, it was ascertained that the…