Waganer v. Travelers Insurance

David Newbern, Judge.

This case presents the question whether a trial judge may honor the request of jurors that an exhibit which contains a portion of an instruction be given to them without giving them all of their instructions. We have found no Arkansas cases which deal with this specific problem. However, we were able to say the case should be reversed because we find the trial judge’s act in giving the jurors part of an instruction contained in an exhibit had the effect of placing undue emphasis upon that portion, and emphasis of that sort has been held to constitute error.

The appellant…