Ostermann v. Milwaukee Electric Railway & Light Co.

The principal contention of the defendant is that the case is ruled by Griffin v. Milwaukee E. *125R. & L. Co. 185 Wis. 251, 201 N. W. 254, and that upon the undisputed facts taken most favorably to the plaintiff, plaintiff is guilty of contributory negligence as a matter of law. If the evidence in this case established as an undisputed fact that the plaintiff knowingly went upon the right of way of the street railway company without making any effort whatever to ascertain whether or not a street car was approaching, the case would be ruled by the Griffin Case. In this case, however, the…