Devine v. McGowan

Plaintiff’s first claim of error refers to the form of the first question of the special verdict, which was as follows:

“At and immediately prior to the collision were the railroad employees negligent with respect to

*537“(a) Ringing the engine bell?

“(b) Lookout?

“If you have not answered subdivision (b), then answer this subdivision:

“(c) Sounding engine whistle?”

It is contended that subdivision (c) thereof with reference to sounding the engine whistle did not admit of a direct answer.

In the trial court’s written decision on motions after verdict it admitted that a mistake was made in the framing of…