Merkle v. Behl

Defendants contend that the court erred in changing the answer to question 4 of the verdict. If it can be determined that the court rightly concluded that Mrs. Merkle was, as a matter of law, guilty of causal negligence with respect to lookout, which was the only element of negligence submitted with respect to her conduct, its action was proper. One of the rules stated in Stats v. Pohl, 266 Wis. 23, 32a, 62 N. W. (2d) 556, 63 N. W. (2d) 711,

“If but one element of negligence is submitted to the jury and the court can find as a matter of law that the party inquired about in the question is…