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

The defendant assigns as error, (1) the refusal of the court to submit to the jury the question as to contributory negligence of the plaintiff; and that (2) the damages assessed were excessive, and asks for a new trial.(1) By refusing to submit a question as to plaintiff’s contributory negligence, the court determined that the plaintiff as matter of law was not guilty of contributory negligence. No case is called to our attention, and we find none, in which it has been held as matter of law that a passenger injured through standing in the aisle before the train stopped was not guilty of…