Brophy v. Milwaukee Electric Railway & Transport Co.

Several issues are raised on this appeal. They can conveniently be discussed under these three ques tions : (1) Should additional questions of negligence have been put to the jury? (2) Does the evidence sustain the findings of negligence ? ( 3) Is the verdict impeached by the affidavits and statements of the jurors ?

As to the first of these questions, appellants contend that a question as to respondent’s negligence in maintaining an attractive nuisance or in failing to erect barriers to prevent use of the path should have been submitted to the jury. The Restatement, 2 Torts, Negligence, p.…