Fleischhacker v. State Farm Mutual Automobile Insurance

The five-sixths verdict státute, sec. 270.25 (1), provides in part that “If more than one question must be answered to arrive at a verdict on the same cause of action, the same five sixths of the jurors must agree on all such questions.” The quoted provision, enacted by ch. 36, Laws of 1951, is consistent with the decisions of this court.

It has often been held that in order to have a good verdict, the same ten jurors must concur in the answers to all questions which are necessary to support a judgment. Biersach v. Wechselberg, 206 Wis. 113, 120, 238 N. W. 905; Stylow v. Milwaukee E. R. & T.…