Allen v. . R. R.

The court submitted the following issues:

1. Was the plaintiff, William Allen, injured by the negligence of the defendant?

2. Did the plaintiff, William Allen, contribute to his injury by his own negligence?

3. What amount, if any, has plaintiff been damaged?

The jury answered the first issue "Yes," and the second issue "Yes."

From the judgment that the defendant go without day, the plaintiff appealed. Upon the trial the plaintiff tendered the issues submitted, and also another issue, as follows: "If the plaintiff contributed to his own injury, could the defendant have avoided the injury by due…