Swenson v. Chicago, Milwaukee, St. Paul & Pacific Railroad

In a proceeding to recover damages for personal injuries sustained by plaintiffs, Phillip R. Swenson, Ethelyn Swenson, his wife, and Richard Swenson, his minor son, when the car in which they were riding collided with the engine of the defendant railroad, the circuit court entered a judgment for defendant notwithstanding the verdict, from which plaintiffs appeal.

The scope of inquiry on this review is limited to determining whether the evidence, considered in the aspect most favorable to plaintiffs, establishes that they were in the exercise of due care and caution for their own safety.

The…