Oklahoma Power & Water Co. v. Jamison

WELCH, V. C. J.

Defendant assigns numerous errors for reversal, but in the view taken by this court it is necessary only to consider the proposition to the effect that the giving of certain instructions violated section 6, art. 23, of the Constitution of this state in that such instructions invaded the province of the jury upon the issue of contributory negligence.

It was the theory of plaintiff that the injury, for which damages were sought, was sustained while plaintiff’s decedent was engaged in a rescue. It is further his theory of law that if decedent was so engaged at the time of the…