Cantrell v. Henthorn

I concur with the majority when it concludes the plaintiff properly preserved his objection to instructions given by the trial court.

It is apparent the spirit of the statute, to inform the trial judge of possible errors in the instructions, was carried out in this instance, even though the means used by the appellant was not within the exact technical letter of the law.

This conclusion is strengthened when the wording of 12 O.S.1971 § 578 is examined. It should be noted that the statute provides that it shall be sufficient to preserve objections by dictating the number of the questionable…