Mueller v. O'Leary

The following opinion was filed November 6, 1934:

RoseNBERRY, C. J.

If the judgment rendered in this case can be supported, it must be upon two grounds: First, that as a matter of law, the defendant was guilty of no negligence; second, that if the plaintiff was guilty of negligence, the defendant was guilty of contributory negligence as a matter of law.

The facts in this case arose before the enactment of the so-called comparative negligence law so that that law has no application. The defendant seeks to sustain the judgment here upon the ground that plaintiff is guilty of contributory…