Rowe v. Cole

(After stating the foregoing facts.) We are of the opinion that the court erred in refusing to give to the jury some of the instructions requested by the defendants; and that the charge set out in ground 5 of the motion for new trial was likely to have been confusing and misleading to the jury. In these circumstances we are of the opinion the learned trial judge erred in overruling the motion for a new trial. In view of the fact that the case will be remanded for another trial, discussion of the evidence is unnecessary, further than to say that the testimony as to one or two important *598issues…