Mainz v. Lund

The issues presented on this appeal are:(1) Was defendant Lund causally negligent as a matter of law ?(2) Did the trial court commit prejudicial error in its instructions to the jury?(3) Should a new trial be granted in the interest of justice?

Negligence Issue.

Defendant Lund at the time of the accident was twenty-six years of age and employed as a manufacturing engineer by the Trane Company at its La Crosse plant. He left the Trane Company plant on the day of the accident at about 4:45 p. m. and got into his 1956 four-door Oldsmobile sedan to drive home. He had with him three fellow…