Baird v. Cornelius

Currie and Fairchild, JJ.

{concurring). Counsel for the defendants Dick Brothers, Handlen, and Yorkshire Indemnity Company requested the trial court to submit a question in the special verdict which would have inquired whether the plaintiff was negligent in exposing himself to danger by riding with Cornelius who was under the influence of intoxicants. The trial court failed to do so with the result that the only question in the verdict, which related to negligence on the part of the plaintiff, was question 5 that only inquired whether the plaintiff was negligent with respect to lookout. Such…