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CHEETHAM v. PIGGLY WIGGLY MADISON CO.

24 Wis.2d 286 (1964)

CHEETHAM and wife, Appellants, v. PIGGLY WIGGLY MADISON COMPANY, Respondent.

Supreme Court of Wisconsin.

June 2, 1964.

Attorney(s) appearing for the Case

For the appellants there was a brief by Walstead, Anderson, Bylsma & Eisenberg and Donald S. Eisenberg, all of Madison, and oral argument by Donald S. Eisenberg.

For the respondent there was a brief by John A. Hansen and Rieser, Stafford, Rosenbaum & Rieser, all of Madison, and oral argument by Mr. Hansen.

BEILFUSS, J.

On this appeal the plaintiff challenges the instruction given the jury concerning her contributory negligence and asks us to find her free of contributory negligence as a matter of law.

The Instruction.

The plaintiff complains of that portion of the instruction set out in the margin which informs the jury that it was plaintiff's "duty to guard against any injury to herself so far as by reasonable care she could protect herself...

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