Sponable v. Warnicke

The opinion of the court was delivered by

Thiele, J.:

This appeal arises from the same accident referred to in action 31,518 (Sponable v. Thomas et al.), ante, page 710. Reference is made to the opinion in that case for the statement of facts. In its main aspects this cause is controlled by the decision in that case.

From a judgment in favor of plaintiff, defendants appeal, assigning seventeen specifications of error, which are argued under eight heads, and which will be considered.

1, 2 and 3. The contentions presented under these heads are: (1) Plaintiff was guilty of contributory negligence;…