Howard v. Biles

Felton, Chief Judge.

1. The trial court’s order on the plaintiffs’ motion for a new trial stated, in part, as follows: “It appears to the court that the court in charging the jury stated that paragraphs 4, 5, 6, 7, 8, 9 and 10 of the plaintiff’s petition were denied when as a matter of fact, the defendant admitted these allegations. It further appearing that there was con*385siderable confusion in the minds of the jury as to the ground or grounds of negligence to be considered by them in passing upon the issues involved in this case and the court, in his re-charge to the jury used the words…