Wasikowski v. Chicago & North Western Railway Co.

All issues on the appeal are subsidiary to the action of the learned trial court in determining, notwithstanding the verdict, that plaintiff Paul Wasikowski was guilty of causal negligence in equal degree with the defendant railroad. Ordinarily the existence of negligence and the comparison of the negligence of adverse parties are questions for the jury. Cameron v. Union Automobile Ins. Co. (1933), 210 Wis. 659, 246 N. W. 420, 247 N. W. 453. When it appears as a matter of law that the negligence of the plaintiff is as great or greater than that of the defendant it is the duty of the court to…