227 Wis. 447 | Wis. | 1938
In passing upon the question of the existence of evidence that any negligence of plaintiff was a proximate cause of his injury, we must consider that he was driving over a road used by him many years, that no notice had come to him that a ditch had been cut across the path he had a right to believe still existed. The contour of the land was such that he would naturally be at the point the evidence
By the Court. — Judgment reversed, and cause remanded with directions to change the answer to question 5 from Yes to No; the answer to question 10 from fifty per cent to one hundred per cent; to strike out the answers to questions 6 and 11, and to grant plaintiff judgment on the verdict as amended.