Sheen v. Kubiac

The four alleged errors of which the plaintiff complains are (1) the refusal of the trial court to give certain preargument requests for written instructions to the jury, (2) the court’s charge on the subject of the weight of the evidence, (3) charging contributory and sole negligence as issues, and (4) overruling the plaintiff’s motion for a new trial on the ground of newly discovered evidence.

At the conclusion of all the evidence the plaintiff presented six written instructions and requested the trial court to give them to the jury before argument. The court stated that the entire request…