Rea v. . Simowitz

Counsel for defendants, exercising the care of diligent attorneys, duly entered motions to dismiss as in case of nonsuit. Having examined the record in the calm which follows the heat of battle, they frankly admit the evidence of negligence was such as to require its submission to a jury and abandon their, exceptions to the refusal of the court below to dismiss.

They now rely principally on exceptions to the charge of the court. These exceptions present two questions which require discussion: (1) Is it proper or permissible for the court to instruct the jury to consider our mortuary table in…