Medlin v. Vanderbilt

Mr. Acting Associate Justice R. O. Purdy

(concurring) : A further statement of the facts is unnecessary. The exceptions, six in number, allege error, in substance: (l)'In holding that there was no tender of the amount paid for the release, and in refusing to grant a nonsuit for that reason; (2) because his Honor refused to charge the jury on the question of the assumption of risk, under the plea of contributory negligence; (3) that his Honor erred in not directing a verdict (a) upon the defendant’s plea of contributory negligence on the part of the plaintiff; and (b) in not holding that the…