Wiese v. Polzer

The following opinion was filed April 11, 1933 :

Fowler, J.

Counsel for the appellants raise many perplexing questions in their briefs. Counsel for the respondent present a brief of 160 pages in effort to meet the arguments presented in their support. In the view we take of the case, however, we need only consider whether the plaintiff was guilty of contributory negligence as matter of law, as the collision involved occurred prior to the enactment of the recent comparative negligence statute and contributory negligence is an absolute defense.

The plaintiff was negligent because in riding on the…