Pagel v. Kees

The first contention made by Kees is the negligence of Pagel as a matter of law was at least equal to his negligence. Since neither Pagel nor Kees was able to testify as to lookout immediately prior to the collision be cause of amnesia, both could be found guilty of causal negligence, but in so finding under an ultimate-fact verdict, the jury could consider them guilty as to either lookout or management and control, but not as to both, and the jury was so instructed. Winston v. Weiner (1958), 2 Wis. (2d) 584, 592, 87 N. W. (2d) 292. With an ultimate-fact verdict, it is impossible for a…