Payne v. Toler

Opinion by

LOGSDON, 0.

Defendant assigns numerous errors in his petition in error for a reversal of this case, but in the view taken by this court it is only necessary to consider those errors arising upon the instructions of the court.. The instructions of the court to which specific attention is called in defendant’s brief are those relating to contributory negligence and to the measure of damages. Those relating to contributory negligence are paragraphs 11 and 12 of the court’s instructions and read as follows:

“11. The court instructs the jury that if they believe from the evidence that the…