H. & C. Operating Co. v. Fossum

I am unable to concur in the conclusion reached in the opinion prepared by Mr. Presiding Justice ELLIS in this case.

It is true that the record shows that when the Presiding Judge gave instructions to the jury he first read from the count in the declaration and evidently read the first count, which had been withdrawn from the consideration of the jury, instead of the third count which constituted the declaration upon which the case was tried. But, further in the instructions he instructed the jury upon every phase of negligence presented by the third count of the declaration and, therefore,…