Western States Grocery Co. v. Gillan

' Plaintiffs''in error, herein referred t0;as, defendants,, present two proposi--¡tfpns-which ,resolye themselves, into one.fples tion: Did the trial court erroneously instruct the jury on contributory negligence?

It is evident this single query embraces both when it is considered that proposition No. 2 is based upon the theory • that it is error to submit an instruction, setting forth a hypothetical statement of facts entitling plaintiff to recover for injuries, that fails to mention contributory negligence when the instructions as a whole fail to correctly define and submit contributory…