Gray v. Junction City Manufacturing Co.

Duckworth, Justice.

The first special ground of the motion for a new trial sets forth an exeeTpt from the charge to the jury, where the contentions of the parties are stated, on the grounds, that the charge is argumentative in that the plaintiff’s contentions are more fully given; that it is confusing, in that the expressions “the plaintiff alleges” and “the plaintiff shows” are used therein; and that the charge does not express the contentions of the parties with equal fairness. The trial judge appended the following note to this ground of the motion: “By reference to the pleadings in the…