Thoni v. Bancroft Dairy Co.

The main question for our determination is whether, under all the evidence, the court should have submitted the case to the jury. When the defendant made the motion to direct a verdict, the question presented to the trial court was one of mixed law and fact. It became his duty to weigh and consider the testimony in the case, and to apply to it those rules of law which are deemed controlling in cases of this kind.

In Smith v. Pabst (1940), 233 Wis. 489, 491, 288 N. W. 780, a fourteen-year-old girl was injured in a fall from a saddle horse and at the conclusion of the evidence, the court…