Southwest Cotton Co. v. Clements

The appellant in its motion for a rehearing, after reminding ns that we had held this instruction, “The jury are instructed that the defense of contributory negligence is not available against a child or one not having attained the years of discretion,” did not correctly state the law, proceeds to show us from the record that, contrary to our conclusion, this instruction must have been given to the jury. The contention is based upon the fact that it appears as a part of the reporter’s transcript and is certified by the judge as correct, and upon the further fact that appellee’s counsel did…