Uhl v. Phillips Petroleum Co.

The opinion of the court was delivered by

Harvey, C. J.:

Plaintiffs brought this action to recover damages to their truck alleged to have resulted from defendant’s negligence. The jury answered special questions adverse to plaintiffs upon each of the grounds of negligence alleged, but in answer to a question: “What, if any, negligence do you find against the defendant?” found a ground of negligence not alleged in the petition, and returned a general verdict for plaintiffs. Defendant moved for a judgment upon the answers to the special questions notwithstanding the general verdict and plaintiffs…