Horne v. Neill

In onr view the case turns upon the errors assigned in the seventh ground of the motion for new trial. Some of the assignments of error in the other grounds overlap’ the assignment in this ground. In this ground it is contended that the defendant’s first amendment to her answer set up an affirmative defense. It is our opinion that this amendment, which is set out in the foregoing statement of facts, amounted to an affirmative plea of contributory negligence, and became an issue in the case, concerning which the trial judge was required to charge the jury the applicable law as the law of the…