May v. . Grove

The court below charged the jury as follows: “It has been stipulated or agreed, at least by the plaintiff, and the plaintiff only contends that the defendant, E. W. Grove (or rather E. W. Grove’s executors, the Grove estate), is liable at all except by and through the negligence of the defendant Collins, if you find by the greater weight of the evidence that the défendant Collins was negligent. In other words, the plaintiff does not’contend that E. W. Grove himself was negligent, or that he was negligent through any other employee than the employee Collins. Since the plaintiff has conceded…