Carroll v. Hutchinson

I am of opinion that the giving of instruction E constituted reversible error. The instruction assumed the existence of a material fact, when there was a direct conflict as to the existence of such fact. The conflicting evidence was entitled to consideration. Upon it a verdict for the defendants could have been based. The province of the jury was invaded.

In Tyler v. C. & O. Railway Company, 88 Va. 389, 13 S. E. 975, 976, Judge Lacy, speaking for this court, ably and clearly set out the rule as follows:

“It is elementary, and is firmly settled in Virginia, that the court responds to questions…