Schagger v. Pfeiffer

Judgment reversed on the law and the facts and new trial granted, costs to abide the event. In our opinion, the charge of the court that any negligence on the part of the plaintiff, no matter how slight, which contributed to the plaintiff’s condition would prevent his recovery, was improper and prejudicial to the plaintiff. The court had already ruled that, inasmuch as the plaintiff claimed negligence on the part of the defendant only for applying the cast and subsequent treatment, any conduct on the part of the plaintiff before the cast was put on could not be considered as a defense or…