Spleas v. Milwaukee & Suburban Transport Corp.

1. Absence of Contributory Negligence.

A major contention of the appellant is that the trial court erred in not giving the jury the opportunity to compare the negligence of the bus company driver with the negligence of Spleas. The trial judge took the view that the testimony presented two completely different versions of how the accident happened. If the jury believed the testimony of the bus driver, there would be no negligence on the part of the defendant. On the other hand, if the plaintiffs version were adopted, there could be no negligence on the part of the plaintiff.

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