Sachse v. Mayer

I respectfully dissent from the court’s opinion in this case because I believe the learned trial judge properly concluded it his duty to direct a verdict in favor of defendant. By his memorandum decision he made it clear that his only reason for permitting the case to go to the jury, after defendant moved for a directed verdict, was the opinion of this court in Davis v. Skille (1961), 12 Wis. (2d) 482, 490, 107 N. W. (2d) 458, which recommended that in “close cases” a trial court reserve its ruling on motions for directed verdict until after return of the verdict. This is what the trial judge…