Mansfield v. Southern Oregon Stages

The errors assigned on this appeal are based on the denial of defendant’s request to with draw from the jury certain allegations of negligence contained in the complaint; the admission of certain testimony respecting measurements made at the scene of the accident by the surveyor, and the admission in evidence of a map of the scene of the accident.

The first assignment of error is predicated upon the refusal of the court to give to the jury the defendant’s requested instruction to the effect that there is no allegation in the amended complaint that the condition of the brakes on defendant’s…