Pach v. Chippewa Springs Corporation

(dissenting.)

The jury’s conclusion that defendant was negligent cannot now be questioned because, although challenged by an assignment of error, it was not argued in appellant’s brief. It is clear also that, if plaintiff was entitled to recover, the jury’s appraisal of her damages is not to be disturbed here.

On the one question as to whether plaintiff was contributorily negligent as a matter of law, my conclusion is very stubbornly opposite to that reached by the majority, and this notwithstanding the fact that I am utterly opposed to contributory negligence as a rule of law. In my judgment,…