Spencer v. . Brown

"WinboeNE, J.

Defendant’s assignment of error to the failure of the court below to “declare and explain the law arising” upon the evidence offered in support of the various allegations of contributory negligence is well taken, and entitles the defendant to a new trial.

It is the duty of the judge presiding at the trial of an action which is submitted to the jury “to state in a plain and correct manner the evidence given in the case and to declare and explain the law arising thereon.” C. S., 564. This statute “confers upon litigants a substantial legal right and calls for instructions as to the,…