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WASIKOWSKI v. CHICAGO & N. W. R. CO.

259 Wis. 522 (1951)

WASIKOWSKI, Appellant, vs. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Respondent.

Supreme Court of Wisconsin.

October 9, 1951.

Attorney(s) appearing for the Case

For the appellant there was a brief by Kersten & McKinnon of Milwaukee, and oral argument by Arlo McKinnon.

For the respondent there was a brief by E. H. Borgelt, Richard S. Gibbs, and James R. Walker, all of Milwaukee, and oral argument by Mr. Gibbs.

BROWN, J.

All issues on the appeal are subsidiary to the action of the learned trial court in determining, notwithstanding the verdict, that plaintiff Paul Wasikowski was guilty of causal negligence in equal degree with the defendant railroad. Ordinarily the existence of negligence and the comparison of the negligence of adverse parties are questions for the jury. Cameron v. Union Automobile Ins. Co. (1933), 210 Wis...

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