Central Container Corp. v. Westbrook

Russell, Judge.

Special ground 2 of the amended motion for a new trial assigns error on the ground that the court misstated the contentions of the defendant. The jury was instructed that the defendant contended and alleged that the plaintiff entered the intersection against the red light of the traffic control signal and thereby caused the collision, when in fact this allegation had been stricken from the petition and defendant merely alleged that the defendant entered the intersection on a green light. To the unwary eye these allegations appear substantially of the same import, but the…