Simensky, Admx. v. Zwyer

We find the court erred in the prejudice of plaintiff in error in giving to the jury defendant’s requests numbers 1, 7, 8 and 9. These requests will be quoted in order and commented on:

“Defendant’s request No. 1. Not every accident that occurs gives rise to a cause of action upon which the party injured may recover damages from some one. Thousands of accidents occur every day for which no one is liable in damages, and often no one is to blame, not éven the ones who are injured. The character or extent of an injury has no bearing upon the question of the liability therefor; neither has the…