Dean v. Nash

BRITT, Judge.

Six of the assignments of error brought forward and argued in plaintiff’s brief relate to the trial court’s charge to the jury. For errors in the charge, we conclude that plaintiff is entitled to a new trial.

In charging the jury the court made numerous referrals to defendants’ allegation of negligence that plaintiff allowed the pony to move freely about the area, creating a hazard. When the court was charging on the issue of contributory negligence, it stated this contention of defendants twice. Then when the court was charging on defendants’ counterclaim, on the fourth issue, it…