Borman v. State Highway Commission

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for the wrongful death of Ella Powers, alleged to have been caused by the defective railing of a bridge on a state highway. The answer, among other things, alleged contributing negligence of the decedent. The jury returned a general verdict for plaintiff and answered special questions. Defendant moved for judgment in its favor on the answers to the special questions and the undisputed evidence, notwithstanding the general verdict. Plaintiff moved to set aside the answers to certain special questions as not being…