Kuchenbecker v. Millhiser

The sole question to be determined on this appeal is whether there is any credible evidence to support the finding of the jury that the plaintiff assumed the risk of the causal negligence of the defendant with respect to lookout.

It is a fundamental rule that if there is any credible evidence to support a finding of a jury the evidence in support thereof must be treated as undisputed, or if there is any credible evidence which, under any reasonable view, fairly admits of an inference that supports a finding of a jury, then neither the trial court nor the appellate court has authority to change…