Greenberg v. Branciere

This appeal is based solely upon claimed errors in the charge of the trial court, and those pursued upon the brief and in argument may be considered under two heads: First, that the court failed to submit to the jury the issue raised by one of the allegations of negligence in the complaint; and second, that the charge upon the subject of contributory negligence was improper and inadequate.

The court, in defining the issues in the early part of its charge said: “The gist then of the negligence that is charged in this complaint simmers down, as it seems to me, simply to this charge,—that…