Mapp v. Holland

Sims, P.,

after making the foregoing statement, delivered the following opinion of the court:

Whether the defendant, Julian Holland, was guilty of actionable negligence, and whether the plaintiff was guilty of such contributory negligence as barred recovery, were issues in the ease; and the fact that the plaintiff had the right of way, if he did have it, was a material circumstance in the plaintiff’s favor, which he had the right to have the'jury consider as bearing upon both of such issues. The refusal of instruction 1, asked for by the plaintiff, and the giving of instruction 2, objected to…