Driscoll v. Erreguible

*98OPINION

By the Court,

Gunderson, J.:

Appellant Driscoll seeks reversal of a judgment entered upon a jury verdict, denying him recovery for injuries allegedly sustained when he slipped and fell in premises where respondent Erreguible conducts his business. We reverse the judgment, and remand the cause for a new trial, having determined that the lower court erred when it gave the jury a certain supplemental instruction on respondent’s defense of contributory negligence, and that, upon consideration of the record on appeal and of the manner the record was brought to us, this error should not be…