Graass v. Westerlin & Campbell Co.

The following opinion was filed November 8, 1927 :

DoeRFLer, J.

As is evident from the assessment of damages by the jury, the injuries sustained were of a distressingly serious nature, and defendant’s counsel in his brief does not assign as error the correctness of the assessment. While the plaintiff grounds his action upon three distinct causes of negligence, we will confine ourselves in this opinion to the consideration of but one, which was submitted to the jury in questions number 3 and 4 of the special verdict. Question number 3 reads: “Did Lloyd Lewis negligently fail to warn the…