Krey Ex Rel. Krey v. Schmidt

Time will not permit writing an exhaustive opinion and I will attempt to set forth my views briefly on the question concerning which I differ with the majority.

I do not agree with that part of the opinion which holds that the jury’s answers to the special questions are so inconsistent with the general verdict as to compel a judgment to be entered thereon in favor of appellants.

In considering this question we must bear in mind the often repeated rule of this court that a general verdict imports a finding in favor of the prevailing party upon all of the issues in the case not inconsistent with…