Fondow v. Milwaukee Electric Railway & Transport Co.

Plaintiff’s first contention is that the court erred “in failing to permit the jury to determine whether the plaintiff was a passenger or a trespasser.” If plaintiff deemed the question material a request for a question on that subject should have been made. There was no such request and no objection was made to-the special verdict without it. We have repeatedly stated that it is counsel’s responsibility to request the trial court to incorporate in the special verdict the questions which they want answered and at such-times we have directed attention to sec. 270.28, Stats., providing:

“When…