Eagle Creek Oil Co. v. Gregston

Opinion by

LOGSDON, O.

Error is assigned upon the action of the trial court in overruling defendant’s motion for a new trial. Several specifications of error arise under this assignment, but in the view taken of the cáse here it will only be necessary to discuss those numbered 5 and 7, which' read as follows:

“5. Said court -erred in refusing and ruling out competent and- legal evidence on the part of the plaintiff in error.

"7. Said court erred in giving the following instructions to the jury, to wit: Instructions 4, 5, and 6.”

Plaintiff alleged and proved a failure on the part of defendant to…