Mahoney v. Thill

The conflict between the jury’s finding that respondent was free from all negligence and the finding that twenty pér cent of the damages is attributable to his negligence in and of itself would not require the granting of a new trial. As was said in McGeehan v. Gaar, Scott & Co. 122 Wis. 630, 634, 100 N. W. 1072, where the effect of a question and answer contained in the special verdict entirely inconsistent with the answer to- a preceding question in the verdict was considered:

“To our minds the question is not important. The fifth question was only submitted to the jury in a certain…