Frinier v. C. J. Kubach Co.

VICTOR E. SHAW, J., pro tem.

Appellant, claiming that in the opinion of the Department filed herein the court had erroneously held the statute found at page 1112 of the Statutes of 1911 applicable to the facts of the case, and that by reason thereof the court properly instructed the jury, as provided in the Roseberry Act, that if they found that defendant’s violation of said act of 1911 contributed to plaintiff’s injury, his contributory negligence was not a ground of defense, filed its petition for a hearing in Bank. The application was granted and upon further consideration given the claim…