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MAROLLA v. AMERICAN FAMILY MUT. INS. CO.

38 Wis.2d 539 (1968)

MAROLLA, Respondent, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

April 9, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by H. E. Koehler of Shawano.

For the respondent there was a brief and oral argument by Orville S. Luckenbach of Shawano.

BEILFUSS, J.

The appellant concedes that credible evidence before the jury is sufficient to sustain the verdict. It also concedes that the railroad company's safety rule and the alleged custom are not direct evidence of negligence but that the safety rule and the custom are material evidence upon which the jury could base an inference of the degree of culpability of the plaintiff which, in turn, could have affected the jury's answers to the comparative negligence...

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