Neuser v. Thelen

The following opinion was filed October 11, 1932:

Fowler, J.

We will treat separately the issues between the plaintiff and the defendant Thelen and those between the two defendants. Thelen concedes that as matter of law he was guilty of negligence in failing to keep a proper lookout which proximately caused the plaintiff’s injuries. He claims (1) contributory negligence of plaintiff and her husband as matter of law; and if not, that (2) the questions of their negligence were for the jury; (3) that the plaintiff cannot recover for the death of her husband because a cause of action for his pain…