Cashatt v. Asheville Seed Co.

The judge of the county court charged the jury as follows: “The court charges you that the negligence of the plaintiff, if there was such, would not bar his recovery unless it directly and proximately contributed to his injury; his contribution to his own injury would not prevent recovery by him if there was negligence on the part of the defendant which when compared with that of the plaintiff was the proximate cause of the injury sustained.”

After the jury had deliberated for sometime they returned for further instruction. The record shows the following: Another juror said to the court that…