Wills v. Regan

Four issues are presented on this appeal:

1. Were several of the instructions given either erroneous or incomplete ?

2. Does the evidence establish that defendants were causally negligent as a matter of law?

3. Did the trial court err in making the plaintiff elect at the beginning of trial to proceed in either tort or contract?

4. Should a new trial be granted in the interest of justice?

Instructions to jury.

The plaintiff alleges numerous assignments of errors relating to the instructions given by the trial court to the jury. The first such assignment of error is that the trial court’s instruction…