Hamilton v. Boyd

Claussen, J.-

I. In an instruction on contributory-negligence the court told the jury that contributory negligence was ■such act or omission to act on the part of plaintiff as amounts to a want of ordinary care which contributes proximately in any way or in any degree directly in- producing the injury complained of. Proximate cause was defined as being the moving or producing cause without' which the injury would not' havé occurred.' The instruction on contributory negligence is erroneous. When reád in connection, whh the instruction on proximate cause, it is. clearly prejudicial. The…