Marolla v. American Family Mutual Insurance

The appellant concedes that credible evidence before the jury is sufficient to sustain the verdict. It also concedes that the railroad company’s safety rule and the alleged custom are not direct evidence of negligence but that the safety rule and the custom are material evidence upon which the jury could base an inference of the degree of culpability of the plaintiff which, in turn, could have affected the jury’s answers to the comparative negligence question. It is upon this thesis that the appellant-insurer claims prejudicial error.

The part of the railroad rule which the appellant contends…