Richter v. Wheeling & Lake Erie Railway Co.

*427OPINION

A judgment cannot be entered upon such special findings unless the facts therein found justify a verdict for the defendant and such facts are clearly irreconcilable with the general verdict; and if the answers to the questions submitted to the jury are, upon any reasonable hypothesis, consistent with the general verdict, the general verdict cannot be disregarded and a judgment entered upon the special findings of the jury. In determining whether the special findings of the jury are inconsistent with the general verdict, the trial court is not permitted to take into consideration the…