Long v. Steffen

The court held as a matter of law that the defendant was negligent and that such negligence was the proximate cause of the injury. He further directed the jury to answer the first question of the special verdict in the affirmative. Under the construction placed by the court on sec. 85.02 of the Statutes, the court held that leaving the truck on the east edge of the concrete while it was undergoing repairs constituted negligence as a matter of law. The correctness of this view forms the crucial question to be determined by this court. The section referred to reads as follows:

“Except when…