Vanderah v. Olah

(for affirmance). The trial judge erred in taking from the jury the defendants’ pleaded and amply supported defense of personal contributory negligence. However, that error was committed against the defendants and was cured by the jury’s *649negative verdict.1 In these circumstances our sole task is to determine whether the trial judge erred in some other respect, to the prejudice of the plaintiff-appellant. My response is negative.

There seems to he some misunderstanding here of that which came to precedential decision when Bricker v Green, 313 Mich 218 (1946) was released. The misunderstanding —…