Marhofke v. Brucken

The question presented is purely one of fact. The defendant strongly urges that the evidence disclosed a case for the jury and that the court was not justified in disturbing the verdict. The verdict itself is inconsistent and contradictory. Upon the plaintiff’s cause of action it finds *445that the defendant failed to exercise ordinary care but that such failure was not a proximate cause of the injury, while upon the defendant’s counterclaim it finds that the defendant was guilty of contributory negligence. The same findings are made with reference to the plaintiff’s negligence. It is a legal…