Hammer v. Slive

Plaintiff recovered a money judgment of $50,000.00 on a jury’s verdict finding the defendants guilty of negligently causing the carbon monoxide poisoning of plaintiff which resulted in his permanent disability. Post-trial motions were denied and defendants appeal. To reverse this judgment, defendants contend (a) that no actionable negligence was proven, (b) that plaintiff was guilty of contributory negligence, (c) that plaintiff assumed the risk, (d) that the trial court held no conference to settle instructions, and (e) that the giving of plaintiff’s instruction No. 8 on the issues was…