Jansen v. Herkert

Defendants contend: (1) That as a matter of law plaintiff assumed the risk of injury; (2) that she was guilty of contributory negligence in going to sleep in the automobile ; (3 ) that the issues as to defendant’s negligence should have been submitted to the jury; (4) that certain evidence was erroneously excluded; (5) that the damages are excessive. These contentions require a consideration of the facts.

Plaintiff was twenty-five years of age and lived in the village of Little Chute. Pursuant to an understanding she came to the Conway Hotel in Appleton on November 8, 1944, at about 7 o’clock…