Wibbeler v. Reed

Upon this appeal the plaintiff Wibbeler contends that he was not guilty of assumption of risk as a matter of law. No question of assumption of risk was submitted to the jury and no request to have such a question submitted was made. The jury was fully instructed as to the duty owed to guests by a host and as to assumption of risk by a guest. The court also instructed the jury as to the provisions of subs. (2) (a) and (2) (b) of sec. 85.40, Stats., which provide that operators of motor vehicles shall not drive at a speed greater than is reasonable and prudent under the conditions then…