Barlow v. Story

Whitman, Judge,

concurring specially. 1. I concur in the judgment of affirmance.

2. As to Division 1 of the opinion which relates to enumeration of error No. 1, the language of which is that “the court erred in charging the jury that defendants could not receive an affirmative verdict against the plaintiff for their alleged injuries or damage unless it appears from the trial of the case that they were injured or damaged in the manner and form contended for by them in their counteraction or counterclaim.” Counsel for appellants and for appellee both agree that the charge referred to in this…