Oliver v. Forsyth

I find myself unable to agree with the majority that the judgment in this case should be reversed because of an erroneous instruction to the jury.

Conceding that instruction “A” should not have been framed in the form given, I think the error was, nevertheless, harmless in view of the circumstances. ' It seems/ tó me that the jury, as reasonable and fair-minded men, could have reached no other conclusion than that the collision *720resulted from the failure of the defendant, Allen, to observe a reasonable lookout. If the jury had found for the defendants, the verdict should have been set aside…