Scherer v. Scandrett

One question only is presented on this appeal: Was there sufficient evidence of plaintiff’s freedom from contributory negligence to warrant submission of that issue to the jury ? Plaintiff had thé burden of proof, but on tbe motion to direct verdict be was entitled to have the evidence bearing on that issue viewed in tbe light most favorable to himself. It becomes necessary to set out the substance of tbe record with that in mind.

Defendants are trustees of the property of the Chicago, Milwaukee, St. Paul & Pacific Bailroad Company. One of its lines runs east and west through the village of…