Schilling v. Stockel

The Negligence Problem.

The jury found Mr. Schilling 50 percent negligent for driving with his left elbow protruding from the window next to the driver’s seat of his automobile. Upon appeal, it is contended that there could be no negligence on the part of Mr. Schilling because of the extraordinary way that the injury occurred.

If the plaintiff’s left arm had been struck by a passing vehicle, the jury would have decided the negligence question, and there probably would have been little difficulty in ordering judgment based on such determination. A few cases in other jurisdictions have taken the…