Cook v. Hobbs

Ebvin, I.

The defendants make these assertions by their assignments of error:

1. That the court erred in refusing to dismiss the action upon a com-pulso2’y nonsuit at the close of all the evidence.

2. That the court erred in its instructions to the jury.

The evidence warranted the submission of the issues of actionable negligence and contributory negligence to the jury. In consequence, the refusal to nonsuit was proper.

The cause must be tried anew, however, because of error in the portion of the charge covered by the sixth exception. Although the complaint made no reference whatever to the…