Taylor v. Birks

The instructions complained of in this case are Nos. 13 and 16. Instruction No. 13 is set out in full in the majority opinion. Instruction No. 16, which is not set out, is as follows:

“You are further instructed that if you find from a preponderance of the evidence that the defendant, C. R. Taylor, was guilty of any acts of negligence alleged in plaintiff’s petition and that the defendant Happel, was also guilty of negligence which contributed to or commingled with the negligence of C. R. Taylor, and further find that plaintiff was not guilty of contributory negligence, then your verdict…