Squyres v. Klick

I cannot agree with the treatment in the majority opinion of the allegation of error with regard to the trial court’s instruction number 16. I believe such instruction had the effect of taking from the jury the question of contributory negligence.

Plaintiff relied on our holding in Flanagan v. Oklahoma Ry. Co., supra. The majority opinion says that the vice of the instruction in the Flanagan case was a misstatement of the plaintiff’s duty under the *331circumstances; while it is true that the court discussed this point, I am convinced that the opinion turned on the identical question involved in…