Helgestad v. North

On this appeal the defendants contend, (I) that the plaintiffs assumed the risk as a matter of law and are precluded from recovering; (II) that the question of plaintiffs’ contributory negligence should have been submitted to the jury; (III) that assumption of risk was not properly submitted or the jury properly instructed in regard thereto.

I.'

The specific claim of the defendants as to assumption of risk as a matter of law may be stated as follows : That under the weather and road conditions then existing the defendant North was driving at a speed greater than that which would have permitted…