Faulkner v. Reid

Although the parties agree that contributory negligence was not affirmatively alleged by the defendant as a special defense in the pleadings submitted to the jury, the trial judge, never theless, instructed the jury at length in the course of its original and supplemental charge on that issue. The plaintiff was entitled to have the jury correctly, fairly and adequately instructed in accordance with the matters and law in issue by virtue of the pleadings and the evidence in the case. The trial court was in error in submitting to the jury the issue of the contributory negligence of the…