Gilbertson v. Gmeinder

It is impossible to determine by the answers of the jury to question 1 whether it found that Gmeinder was guilty of no negligence at all or that he was negligent but not in such manner as to increase the risk which should have been anticipated by Gilbertson.

For instance, if Gmeinder was drunk, then as a matter of law Gilbertson, having been with him all during the time he was drinking, would assume the risk flowing therefrom. Schubring v. Weggen (1940), 234 Wis. 517, 291 N. W. 788.

Did the jury by its verdict mean that Gmeinder was not under the influence of intoxicants or that he was and…