State Highway Department v. Handley

I dissent from the ruling made by the majority of the court in Division 1 of the opinion and from the judgment of reversal in this case. I am aware, of course, of the well established rule that the court should not charge the jury in a contradictory manner so as to leave the jury in a confused position of having to pick and choose between a correct and an incorrect charge. But in this case, an examination of the entire charge together with a reading of the charge complained of in its proper context leaves, in my opinion, no doubt that prior to the enactment of the Appellate Practice Act of…