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

The defendant has elected not to come under the workmen’s compensation act, and may not interpose the common-law defenses of negligence of a fellow servant, assumption of risk, or want of ordinary care of the employee. Sec. 102.01 (a), (b), (c), Stats. Thus the only issue was whether the hammersmith was negligent. The appellant assigns as error (1) Failure of the court to grant its motion for judgment notwithstanding the verdict, and (2) Failure to grant its alternative motion for a new trial “because of remarks of counsel calculated to incite the sympathies and passions of the jury in order…