Byrne v. Western Pipe & Steel Co.

Plaintiff recovered judgment against defendant Tallerday for damages sustained in a collision between motor vehicles. Tallerday has appealed from the judgment. The defendants alleged contributory negligence and Tallerday filed a cross-complaint for damages sustained by Mm in the collision.

Appellant contends that there is a substantial conflict in the evidence upon the issues raised by the answer and cross-complaint and that, therefore, certain alleged errors in the instructions are prejudicial. The defendants requested the court to charge the jury as follows:

“In order, therefore, to find a…