Zenner v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

The first question on this appeal is whether there was a jury issue as to defendant’s negligence. Plaintiffs’ evidence as to the sounding of the bell and whistle was negative in form, and the question is whether it also had this quality in substance. If it did, it was ineffective as a matter of law to put in issue the positive testimony of six witnesses that the bell was rung and the whistle sounded. Richter v. Dahlman & Inbush Co. 179 Wis. 7, 190 N. W. 841; Wickham v. Chicago & N. W. R. Co. 95 Wis. 23, 69 N. W. 982; Sutton v. Chicago, St. P., M. & O. R. Co. 98 Wis. 157, 73 N. W. 993; Jordan…