Dostal v. Saint Paul-Mercury Indemnity Co.

Upon defendant’s appeal the questions are, (1) whether the evidence supports the finding that John Magee was negligent as to management and control, and (2) whether there should be a new trial because of alleged misconduct of Mrs. Matzek, a juror. Plaintiff’s appeal raises a third question: Did the trial court err in limiting the amount of the judgment so that the two judgments did not exceed the limits of the policy?(1) Jury’s finding of negligence sustained. The jury may have accepted the version of the accident related by Marlys Tyler. There was evidence of statements previously made by…