Rengstorf v. Winston Brothers Co.

Action for death by wrongful act in which there was a verdict for defendant. Plaintiff’s motion for a new trial was granted exclusively because of the error of law which the learned trial judge considered he committed in submitting to the jury the issue of contributory negligence. We agree with that conclusion. Deceased was riding in the night time in a lumber wagon drawn by a team owned and driven by a neighbor, Mr. Schiller. In passing over a high embankment recently constructed by defendant as part of a state trunk highway, one of the horses stumbled.and fell, dragging his teammate, the…