Rausch v. Julius B. Nelson and Sons, Inc.

Nelson, Justice.

In this action for death by wrongful act, there was a jury verdict for plaintiff against both defendants. Plaintiff appeals from an order setting aside the verdict and granting judgment in favor of defendants. The trial court held that the conduct of the decedent in voluntarily exposing himself to a known or obvious hazard which the ordinarily prudent person would not do required findings that decedent was guilty of assumption of risk and contributory negligence as a matter of law and that his conduct was the proximate cause of his death.

The fatal accident which resulted in…