Shelley v. Union Oil Co. Of California

HEALY, Circuit Judge.

Appellant sued to recover damages suffered in a fall allegedly due to negligence of the appellees in spilling oil on a stairway of the building where appellant worked. A trial by jury eventuated in a verdict adverse to her.

In its Instruction No. 6 the court advised the jury, in substance, that if appellant was herself negligent and if her negligence proximately contributed to the accident and her resulting injuries, she was not entitled to recover. Appellant objected to the instruction on the ground that no issue of contributory negligence had been raised by the answer.…