Jasper v. Freitag

*887TEIGEN, Chief Justice.

I dissent with the result reached by the majority in this action. The majority have granted a new trial upon the grounds that an instruction objected to was misleading and constitutes reversible error. The instruction relates only to the question of the contributory negligence of the plaintiff, if any. In other words, it relates to an affirmative defense. However, before the plaintiff is entitled to recover a judgment against the defendants, she has the burden of establishing by a fair preponderance of the evidence that the defendants were negligent and that their…