Dickson v. Wagner

SPAETH, Judge:

This is an appeal from a judgment in a trespass action. Appellant, who was plaintiff below, argues, among other issues, that the trial judge’s charge to the jury was confusing. We agree and reverse.1

In beginning his charge, the trial judge said:

In this case the Defendant admitted his negligence and has admitted that that negligence was the cause of this accident. And, therefore, the liability for the accident is admitted by the Defendant. As it appears to the Court, the issue is whether the Defendant’s negligence as admitted, and as admitted having caused the accident, was a…