Walkup v. May

Appellee sued the appellants for damages resulting from the negligent failure of appellants’ servant to turn his team to the right when he met appellee driving upon a public highway.

There was a trial by jury, and a special verdict on which judgment was rendered in appellee’s favor.

The. correctness of the court’s action upon the special verdict is the only question we are called upon to consider.

In order to justify a recovery by the party upon whom rests the burden of proof, the special finding or verdict must contain all the facts essential to such recovery.

The verdict must find the facts and…