Postal Telegraph-Cable Co. v. White

This is the second appeal in this case. On the first appeal, the judgment for $10,000 was reversed, and the cause remanded for a new trial, because instruction No. 1, given at the request of appellee, ignored the affirmative defenses of contributory negligence, the assumption of the risk, and the release exe- . cuted by appellee to appellant; and because instructions two and three, given on behalf of appellee, were in conflict with correct instructions two and four, given on behalf of appellant, relating to contributory negligence and the assumption of the risk.

Upon a retrial of the cause,…