Sprague v. Hauck

The two principal issues here raised are:(1) Is the inconsistency in the verdict such as to require a new trial?(2) Is there any credible evidence to support the jury’s finding of assumption of risk by the two passengers?

There is an inconsistency in the verdict because the jury, after absolving Hauck of any negligence as to lookout, nevertheless found that the two passengers assumed the risk of Hauck’s negligence as to lookout as well as speed. Counsel for the plaintiffs request a new trial because of such inconsistency inasmuch as it is impossible to determine exactly what was the jury’s…