Christensen v. Schwartz

(On motion for rehearing.) (1) This case was reversed and remanded for a new trial on the ground that only nine jurors had agreed in finding the facts essential to establish plaintiff’s right to recover against the appellant Schwartz. The appellant, on this motion, asks the court to abrogate the rule stated in Larson v. Koller, 198 Wis. 160, 223 N. W. 426, and cases there cited, and to hold that the same ten jurors need not agree to all answers that are essential to establish appellant’s liability. It is plaint*225iff’s contention that the special verdict is sufficient to warrant the entry of a…