Nelson v. Chicago, Milwaukee, St. Paul & Pacific Railroad

The parties accept the jury’s findings that both appellant and McQuillan were negligent. The vital questions concern the proportion of negligence for which each is to be held responsible. The appellant contends, (1) that McQuillan’s negligence was the responsible intervening cause of appellant’s injuries, (2) that McQuillan’s negligence was greater as a matter of law than appellant’s negligence, and (3) that there was prejudicial error in the submission of subdivisions (a) and (b) under question No. 5 in the special verdict, relating to appellant’s negligence.

In support of his first…