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REULING v. CHICAGO, ST. P., M. & O. R. CO.

257 Wis. 485 (1950)

REULING and wife, Respondents, vs. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY COMPANY, Appellant.

Supreme Court of Wisconsin.

October 3, 1950.

Attorney(s) appearing for the Case

For the appellant there was a brief by Edward H. Borgelt, Richard S. Gibbs, and Norman C. Skogstad, all of Milwaukee, and oral argument by Mr. Gibbs and Mr. Skogstad.

For the respondents there was a brief by Arthur & Bardwell of Madison, and oral argument by Robert W. Arthur and Richard W. Bardwell.

BROWN, J.

Appellant's first assignment of error concerns the instruction of the trial court to the jury on the subject of Mrs. Reuling's contributory negligence. Respondents submit that appellant cannot take advantage of an error in the charge to the jury because it made no objection to the charge when it was given. Such was the common-law rule under which this court decided Getty v. Rountree (1850), 2 Pin. 379, but by sec. 2, ch. 194, Laws of 1874, the legislature...

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