Cogdill v. Boice Hardwood Co.

Stagy, O. J.

There are two exceptive assignments of error appearing on tbe record wbicb make it necessary to remand tbe cause for another bearing.

On tbe issue of negligence tbe jury was instructed as follows:

“If you find by tbe evidence that be is permanently injured and bis earning capacity has been decreased by reason of bis injury, and if you find bis neck is stiff, permanently stiff, be would be entitled to recover for tbe decreased earning power to make money, if you find that be was injured by tbe piece of ice falling down tbe side of tbe mountain and bitting him on tbe shoulder, and…