McNamer v. American Insurance Co.

There is but one question raised by defendants upon this appeal, that is, Is there any credible evidence to support the jury’s findings that Dempsey was negligent ?

Plaintiff contends that because defendants failed in the trial court to move for a new trial they are not entitled to a review by us of the sufficiency of the evidence to sustain the judgment. This court has not been consistent in its treatment of the question. In Reed v. Madison, 85 Wis. 667, 672, 56 N. W. 182, we said:

“The law is that this court cannot properly review the evidence to determine whether it does or does not support…