Behrens v. Nelson

I concur with the opinion insofar as it grants a new trial because of the apparent deliberate statement of plaintiff as to insurance.

I cannot agree with that part of the opinion which, conditioned on the evidence at the new trial, directs giving of the instruction *319set out and should state my reasons for this conclusion. No such instruction was presented in writing to the court as required in RCP 51(a), which provides:

"All requests for instructions shall be in writing and in duplicate, and shall be presented to the court on or before the time fixed for settling instructions. * * *

All requested…