Smith v. Milwaukee & Suburban Transport Corp.

The issue on this appeal is whether the trial court’s ruling in admitting certain evidence constituted prejudicial error which requires that a new trial be directed.

Plaintiff, age fifty-one, testified that she attempted to board one of defendant’s buses between 10 and 10:20 a. m. on November 20,1964, near the corner of Plankinton and Wisconsin avenues; and that there was a patch of snow on the bottom step of the bus which caused her to slip and fall thereby injuring her right knee.

Defendant’s defense was that plaintiff had not fallen because of a slippery bus step but instead had slipped and…