Hausken v. Coman

The majority opinion clarifies the situation thoroughly so far as the facts and circumstances are concerned. There was ample evidence sustaining all of the material issues in the case — the relations of parties defendant to each other, negligence of the defendants, contributory negligence of the deceased, and all other issues pertinent to the case — and these were resolved by the jury in favor of the plaintiff.

The case is reversed and sent back for a new trial because of a negative and an affirmative act on the part of the court.

It is said the court should have instructed on the doctrine of…