Hinkle v. Minneapolis, Anoka & Cayuna Range Railway Co.

The record presents the abstract question, namely: Is wilful and wanton negligence by a plaintiff a defense to an action for plaintiff’s injuries caused by the wilful and wanton negligence of the defendant?

The bill of exceptions does not contain the evidence. We must assume that the facts warranted the charge given. , This case,' however, must not be construed as an authority for the application of the doctrine we now announce to the facts as they in part appear in the record and briefs.

Contributory negligence bars an action based upon ordinary negligence. Contributory negligence has no…