Smith v. Benjamin

The defendant Benjamin raises the following two questions on this appeal:(1) Is there credible evidence to sustain the finding of the jury in its special verdict that Hewitt and Komro were not the servants of the plaintiff when they applied the roof on the defendant’s barn in 1949? and(2) That no judgment could rightfully be entered upon the special verdict in this case because of the failure to submit a question in the verdict as required by sec. 270.29, Stats., fixing the amount plaintiff was entitled to recover.

On the question of whether there is credible evidence in the record which would…