Barth v. Milwaukee Automobile Insurance

The facts as we have stated them are practically without dispute. The only conflict in the testimony is in that which refers to plaintiff’s position in or outside the crosswalk when she was struck. Under the rule that we must view the evidence in a light most favorable to her, we must assume that she was within the limits of the crosswalk. That fact is immaterial, however, if she has failed to establish that Nutt was guilty of causal negligence.

The question in this case is whether the operation of pushing the Weller car was so completed before the accident as to leave with each of the…