Mayr v. Milwaukee & Suburban Transport Corp.

The appellant asserts that the jury must believe the testimony of its motorman that he saw the step *622in its proper position at the opposite end of the run. Appellant argues that there being no evidence of any intervening occurrence sufficient to put the motorman on notice of damage to the step, the jury’s finding that the motorman ought to have known of the defective step before the collision was unsupported by evidence. The appellant also challenges the finding that the partially open position of the step was a cause of the collision and asserts that the jury’s findings of negligence on the…