Henigin v. Booth & Flinn, Ltd.

Opinion bt

Mr. Justice Simpson,

In this action of trespass for negligence, plaintiff recovered a verdict and judgment, from the latter of which defendant appeals. There are eighteen assignments of error, which are grouped under five heads in the statement of the questions involved. In the first two, defendant contends it was entitled to binding instructions in its favor, (1) because of an absence of negligence on its part, and (2) because of the presence of contributory-negligence on the part of plaintiff. Under the third, it asserts the charge of the trial judge to the jury was misleading and…