Hammond v. Schuermann Building & Realty Co.

The issue for decision is whether the italicized portion (italics throughout are ours) of the following instruction constitutes error at law: "The court instructs the jury thatthe written statement of Abbie Chestnut read in evidencemust not be considered by you as evidence against the Schuermann Building Realty Company or against Norman, Lee and Harry Schuermann." The verdict of the jury was for the defendants, all named in the instruction. Plaintiff's motion for new trial was sustained.* Plaintiff's contention here is that the instruction was erroneous because it "was too broad and too all…