Obrecht, a Minor v. Tallentire

SHERICK, PJ.

The errors' complained of are nine in number, but we are of opinion that a consideration of two of the errors claimed must be dispositive of the entire controversy. The first, of these raises the question of the court’s application of the law to the facts as adduced in the trial of the case.

We have diligently searched the record for any and all proof on the issue of contributory negligence, and the only evidence that we find responsive to this issue is to be found in the cross-examination of the plaintiff, as set forth in the bill of exceptions. It is there admitted that the…