Southwestern Gas & Electric Co. v. Grant

WILLSON, O. J.

(after stating the facts as above). The contention that the trial court erred when "he refused to instruct the jury to find in appellant's favor is predicated on the claim that the testimony did not authorize á findirtg that the motorman was guilty of actionable negligence, or, if it did, required a finding that ¿ppellee also was guilty of negligence which, concurring with that of the motorman, was a proximate cause of the collision.

We think the jury not only had a right to say from testimony referred to in the statement above that the motorman was guilty of negligence in that…