Nye v. Milwaukee Electric Railway & Transport Co.

I am of the opinion that the issue of comparative negligence, under all the circumstances disclosed by the evidence, should have been, submitted to the jury; and that the trial court erred in holding that plaintiff’s negligence was, as a matter of law, at least as great as that of the defendant’s motorman.

Mrs. Nye had crossed both car tracks on North Twenty-Seventh street, and had taken a position in a zone of safety. She was then several feet south of the point at which southbound cars stopped to take on or let off passengers. She had taken the southbound car at its regular stopping place on…