Murrow v. Daniels

PHILLIPS, Judge.

In substance, defendants’ contentions are that as a matter of law the evidence presented failed to establish their negligence and established plaintiffs contributory negligence; that they were prejudiced by much inadmissible evidence; that the jury instructions were erroneous in several respects; and that it was error to grant a new trial on just the damages issue. Since a new trial on *404all issues raised by the pleadings and evidence is necessary because of a prejudicial error in charging the jury, we will rule on only those other questions likely to arise in the next trial;…