Wilmet v. Chicago & North Western Railway Co.

Upon this appeal the assignments of error present three principal questions: (1) Was the negligence of the driver Smet the sole proximate cause of the collision? (2) If Smet’s negligence was not the sole proxi mate cause of the collision were Wilmet and Carlson guilty of contributory negligence as a matter of law? And (3), Was Smet’s negligence as found by the jury greater than that of the defendant Railway Company as a matter of law ?

In considering what caused the collision it is necessary to have in mind the physical situation as disclosed by the maps and photographs. The depot is one…