Douglas v. Whitledge

We concur in what has been written in the principal opinion concerning plaintiff’s contributory negligence as a matter of law, and also in the conclusion that the judgment for plaintiff on defendant’s counterclaim should be affirmed. These comments pertain primarily to defendant’s insistence that he should have a new trial on his counterclaim for refusal of instruction D-7, his principal verdict-directing instruction on the counterclaim.

Assuming (for the purposes of this discussion) that defendant was not contributorily negligent as a matter of law and that the jury should have been…