Baynes v. McElrath

Felton, Chief Judge.

The first special ground of the amended motion for a new trial assigns as error the following excerpt from the charge: “Now lady and gentlemen, there are different degrees of care required as to various parties in this case, and the court will attempt to give you in charge definitions of these degrees of care and to whom they apply as to the parties in this case. The plaintiff in this case, of course, was under a duty to exercise ordinary care for his own safety at the time, and if by the exercise of ordinary care he could have avoided the negligence of these defendants,…