Benton v. W. H. Weaver Construction Co.

BROCK, Chief Judge.

We first consider defendant’s cross-assignment of error. If defendant is correct, the judgment for defendant must be affirmed. This is so because plaintiff’s arguments Nos. 1, 2, and 3 relate to the trial court’s instructions to the jury. These would have no bearing upon the question of whether plaintiff’s evidence showed contributory negligence as a matter of law. His arguments Nos. 4 (A through I) are directed to rulings by the trial judge upon the admission of testimony and exhibits. A, B, C, D, E, and F relate to objections to defendant’s evidence. These would have no…