Wirsing v. Krzeminski

The principal argument of the plaintiff on this appeal is that the trial judge erred as a matter of law in the framing of the first question of the special verdict in regard to the use of force. The plaintiff submitted a special verdict question which was refused by the trial court. The question proposed by the plaintiff was:

“In striking the plaintiff, Roman J. Wirsing, with the blackjack, in the manner shown by the evidence, did the defendant, Clarence Krzeminski, use more force than was reasonably necessary?”

The court’s first special verdict question asked:

“. . . did the defendant, Clarence…