Poston v. Mathers

*341Finley, J.

(dissenting in part) — I agree with the majority that the error in the instruction on contributory negligence requires reversal as to appellant Poston. However, as noted by the majority, appellants also contend that they are entitled to a new trial relative to the claim on behalf of the minor child, Peggy Poston. This is on the theory that, as a practical matter, the erroneous instruction regarding contributory negligence of the father may well have affected the jury in determining the damages awarded to the minor daughter.

CR 59 provides that a new trial may be granted as to all or…