Willert v. Nielsen

TEIGEN, Chief Justice.

I dissent. The majority grant a new trial to the plaintiff on the theory that the *34plaintiff did not have a fóir and impartial trial because of errors in the instructions which they say are prejudicial.

I cannot agree. I feel that the instructions taken as a whole outline the issues in the case fairly and correctly, and that the inadvertent mistake of the trial judge in substituting the word “plaintiff” for “decedent” in one part of the charge, when considered in connection with the rest of the charge and the theory on which the case was tried, is so evident that a jury of…