McFadden v. Galena Shale, Tile & Brick Co.

Admittedly, the only grounds given by the Court of Appeals for its reversal were:

1. Error in failure to give two requested special instructions.

2. Error in sustaining defendant’s motion to elect at the end of plaintiff’s opening statement.

Admittedly, the two requested special instructions relate only to the issue of plaintiff’s damages. There is no claim of error in submission of the issue of defendant Dove’s claimed negligence to the jury. There is nothing to indicate that the jury did not base its verdict for Dove on a finding that defendant was not negligent. Hence, any error in refusing…