Cain v. Wickens

All that it is necessary to say in relation to the defendant’s contention that the instructions “on the question of negligence were improper, insufficient and misleading” is that the only question for this court which his exception raises is whether on the facts of this case Cantillon’s negligence is to be imputed to the plaintiff. If his other complaints in respect to the charge are well founded, they come to nothing, for they were not called to the court’s attention before the cause was submitted to the jury.

The only question, therefore, which will be considered is whether when property…