Sloboden v. Time Oil Co.

In this action for personal injuries the jury returned its verdict in favor of defendant, Time Oil Company. Plaintiff’s motion for a new trial was granted “on the grounds that erroneous instructions were given at the time of the trial.” Defendant appeals.

It is conceded that the trial court gave, upon the request of defendant, a partially erroneous instruction on the doctrine of assumption of risk. Appellant argues its appeal as if the issue were whether the giving of this erroneous instruction was prejudicial, and assumes that the burden is on respondent to show that it was. That is not the…