Fiore v. Ladd

Opinion by

Mr. J ustice Bean.

This is the second appeal in this case. The facts are sufficiently detailed in 22 Or. 202, 29 Pac. 485, and need not be repeated here. On the second trial, in which the evidence was substantially the same as on the first, the court read from the former opinion, as its entire charge to the jury, the three proposed instructions numbered one, two, and three, for the refusal to give which a new trial was ordered, and, although repeatedly requested by plaintiff’s counsel, refused to instruct upon his theory of the case, or as to the law applicable to the facts which his…