Swoboda v. Brown

The Court of Appeals found the only-reversible error arises out of the portion of the general charge respecting the issue of contributory negligence of the plaintiff. If this conclusion be assumed to be correct, the first question presented is the applicability of the so-called two issue rule. Concededly it does apply and would warrant judgment in favor of the defendant, but for the answer of the jury to the interrogatory submitted wherein they specifically found against the plaintiff upon the issue of contributory negligence. Let us therefore consider what the two issue rule is and the…