Chicago, R. I. & P. Ry. Co. v. Pitchford

On Rehearing.

Opinion by

SHARP, C.

It is urged in the petition for rehearing, filed by counsel for plaintiff in error, that the original opinion failed to pass upon the objection that instructions numbered 4 and 5 misdirected the jury, in that no reference to the question of contributory negligence, qualifying plaintiff’s right of recovery, was submitted to the jury. Counsel’s position is correct. Under the condition of the record, the defense of contributory negligence was made an issue. There was sufficient evidence to have sent this question to the jury. Plaintiff’s signed statement of how…