Johnson v. Director-General of Railroads

The court may properly refuse to give particular instructions which are not warranted by the evidence, Richmond v. Bethlehem, 79 N. H. 78, 80; Osgood v. Maxwell, 78 N. H. 35, 38; Challis v. Lake, 71 N. H. 90, 95, while it is reversible error to submit to the jury an issue upon which there is no evidence. Benoit v. Perkins, 79 N. H. 11, 14. Assuming, therefore, as the defendant .does in his brief, that the plaintiff correctly states the law in his request for instructions, the question presented by the case, which may be considered one of law because here cognizable, is merely one 'of fact…