Jones v. Coombs

*31OPINION

By GUERNSEY, J.

It is contended by the plaintiff that the charge on the subject of contributory negligence was erroneous for the reason that it was not pleaded and was not raised by the evidence. It is true that • contributory negligence was not pleaded but although it was not pleaded it was not erroneous for the court to charge upon the issue if it was raised by the evidence.

It will be noted from the plaintiff’s own evidence that from the time the car pro-ceeded from the cemetery to the place of collision, he had knowledge of the use by the defendant of the sheep pelt, robe and blanket…