Swanson v. Maryland Casualty Co.

The testimony which we have recited represents the version of defendants and is in many respects contradicted.6 The rule requires, however, that we consider the evidence most favorably to defendants and to the jury’s findings. Koniecko v. Huffman (1953), 265 Wis. 79, 60 N. W. (2d) 729, 61 N. W. (2d) 880. For that reason we do not consider it necessary to recite the testimony which supports the claim of plaintiff, particularly since there is nothing in the record to indicate that the story as it was told by the defendants and their witnesses is incredible.

The trial court, instead of directing…