The Royal Insurance Co v. Atlantic Coast Line Railroad

In bar of plaintiff’s right to recover, the defendant pleads, and,' at the trial, offered evidence tending to show that the burning of the cotton in question was due to the contributory negligence of the owner, Bethune-Colwell & Company. In apt time, the defendant tendered the following issue:

“2. Was Bethune-Colwell & Company guilty of negligence which contributed to the damages for which this action is brought to recover, as alleged in the answer ?”

His Honor declined to submit this issue, doubtless for the reason that the testimony of a number of the defendant’s witnesses was to the effect…