McCague v. New York, Chicago & St. Louis Railroad

DISSENTING OPINION ON MERITS.

Gilkison, C. J.

The pertinent part of Rule 1-7 to the instruction complained of, reads as follows:

“The court shall indicate on all instructions, in advance of the argument, those that are to be given and those refused. After the court has indicated the instructions to be given, each party shall have a reasonable opportunity to examine such instructions and to state his specific objections to each, out ©f the presence of the jury and before argument, or specific written objections to each instruction may be submitted to the court before argument. No error with…