Doctor v. Fort Wayne National Bank

Appellee brought an action for damages against appellant for the wrongful death of appellee’s decedent. Judgment was duly entered for appellee on the verdict of a jury. The subsequent overruling of appellant’s motion for new trial is assigned as error on this appeal.

One of the specifications of appellant’s motion for new trial is the giving of plaintiff’s Instruction No. 11 over defendant’s objection. Said Instruction No. 11 and appellant’s objections thereto read as follows:

Appellee’s Instruction No. 11

"In order for the plaintiff to recover it is not necessary that it prove all of the acts…