Gherke v. Cochran

The following opinion was filed December 4, 1928:

Stevens, J.(1) The proof presented issues of fact for the jury. The findings of the jury both with reference to *36the negligence of the defendant and the contributory negligence of the plaintiff are supported by proof. This conclusion would lead to an affirmance of the judgment were it not for the manner in which the case was submitted to the jury.(2) The pleadings and the proof present three possible grounds of negligence on the part of the plaintiff. These three grounds were all submitted to the jury by this single question: “Was William E.…