Colson v. Rule

While the verdict contained a question which inquired as to plaintiff Colson’s contributory negligence, together with an accompanying question on causation, it contained no question on assumption of risk by Colson. The learned trial court had denied a timely request by defendant’s counsel that the verdict contain a question on assumption of risk. One of the reasons advanced for refusing to submit such a question was that the concurring opinions in Baird v. Cornelius (1961), 12 Wis. (2d) 284, 107 N. W. (2d) 278, had sounded a warning that assumption of risk in cases of this kind was about to…