Truckee-Carson Irrigation District v. Wyatt

Mann, D. J.,

dissenting:

I cannot agree with the conclusion reached by the majority. In my opinion, the giving of Instruction No. 14 was error which affected the substantial rights of the parties and that a new trial is required.

Instruction No. 14 advises the jury that evidence of the oral admissions of a party, other than his own testimony in the trial, ought to be viewed by them with caution. The majority state that the instruction may have been merely an instruction by the judge calculated to call the jury’s attention to special facts. In my opinion, this is a function of the trial judge…