Knape v. Livingston Oil Co.

I am unable to agree with the majority opinion that the jury’s answers to the special questions are so inconsistent with the general verdict as to compel a judgment to be entered thereon in favor of the defendant. In my opinion it has always been the policy of this court to affirm the trial court if possible — not to seek some minute technicality on which to reverse the trial court.

' The general verdict was returned in favor of the plaintiff, and the three special questions and answers pertinent in this appeal are:

“1. Do you find that the driver of Defendant’s pickup truck negligently…