Courtell v. McEachen

SPENCE, J., Concurring and Dissenting.

I concur in the reversal of the judgment upon the principal ground stated for reversal in the main opinion. It is there correctly declared that “The instruction that there was no contributory negligence erroneously deprived defendants of a defense upon which they had relied. ... In these circumstances, we are not justified in disregarding the effect of the erroneous instruction, and, since the error was clearly prejudicial to defendants, the judgment must be reversed.” I must dissent, however, from the views expressed in the main opinion upon the more…