Feterle v. Huettner

As the basis for its reversal, the Court of Appeals stated:

“Upon consideration of all assignments of error brief*55cd and argued this court finds that assignment of error number 7 is meritorious in that special request to charge before argument number 6 given by the trial court was erroneous. Said charge was not grounded on facts in the evidence and was substantially prejudicial to appellant.”

The special instruction alluded to by the Court of Appeals reads:

“If you find by a preponderance of the evidence that William Feterle, prior to the accident of January 30, 1966, had a heart condition, and…