Albaugh v. Cooley

I respectfully dissent from the conclusion of the majority that judgment should be entered on the general verdict in favor of plaintiff notwithstanding the jury’s answer to a special interrogatory finding plaintiff guilty of contributory negligence. The majority finds that when all the evidence is viewed in its aspect most favorable to defendant, it so overwhelmingly favors plaintiff on the issue of contributory negligence that no contrary verdict could ever stand. I believe there was sufficient evidence to support the special interrogatory and answer, and thus the trial court properly…