Myerholtz v. Garrett

Hall, Judge.

The defendant assigns error on the judgment of the trial court overruling his motion for new trial in this negligence action involving the collision of vehicles on the highway. Held:

In the first two and one-half pages of the charge the court charged the jury the plaintiff’s contentions as made in his petition, prefacing his statements from time to time with the words “he contends.” At one place in this part of the charge the court began, “He contends” and stated the substance of a part of one paragraph of the petition, and continued, without repeating “he contends” to state the…