Wedel v. Klein

The jury by its verdict found the defendant, Klein, guilty of both ordinary and gross negligence. Such findings were in 'response to questions which permitted the jury to- SO' find. Upon motions after verdict, the trial court no doubt realized that under the law of this state, ordinary negligence and gross negligence are distinct kinds of negligence and do not grade into each other; that ordinary negligence lies in the field of inadvertence and gross negligence in the field of actual or constructive intent to injure. See Bentson v. Brown, 191 Wis. 460, 211 N. W. 132, and numerous cases cited…