St. Louis, S. F. & T. Ry. Co. v. Green

WILLSON, O. J.

(after stating the case as above). [1] The contention of appellant that the trial court erred when he submitted to the jury an issue as to contributory negligence on the part "of appellee, and when he refused to submit issues it requested with reference to that phase of the case, is on the theory, it seems, that it appeared appellee was guilty of contributory negligence ás a matter of law, in that all the evidence was that he was instructed to inspect the car in question before he commenced the work he was to do thereon, and did not do so, and in that all the evidence was that,…