Kolp v. Stevens, Partners

OPINION

By SHERICK, J.

The errors complained of, in brief and oral argument, are two in number, the first of which only need be considered, and which is that the trial court erred in charging the jury upon an issue of contributory negligence.

It is agreed between counsel, and corroborated by our examination of the record, that no affirmative proof was offered by the defendants in support of the second defense. The defendants say that the plaintiff’s own evidence suggests that he was negligent and that, therefore, the issue was made and the charge was proper. They further contend that the…