Brockhaus v. Neuman

The following opinion was filed January 7, 1930:

Rosen'berry, C. J.

It is the position of the defendant that the court erred (1) in refusing to find assumption of risk as a matter of law; (2) in ruling and instructing the jury that as a matter of law there was no assumption of risk; (3) in failing and refusing to direct a verdict for the defendant on the ground that the plaintiff assumed the risk; and (4) in refusing to submit certain questions as to assumption of risk requested by the defendant.

The situation presented by the record in this case is a very simple and common one. The defendant…