Biersach v. Wechselberg

It is first urged that by continuing to ride with the defendant Wechselberg and especially the failure of the plaintiff to leave the car at Koeller’s dance hall, plaintiff assumed the risk due to Wechselberg’s careless driving as a matter of law. In view of the fact that there must be a new trial we shall not discuss the evidence, it being considered that there is evidence sufficient to sustain the verdict.

It is next urged that the trial court erred in instructing the jury in respect to the assumption of risk and contributory negligence. It is to be noted that the matter of contributory…