McGee v. C. Ed. DeBrauwere & Co.

There was no demurrer to the declaration in this case. The defendant pleaded the general issue, contributory negligence and assumption of risk. At the close of the testimony, the court instructed a verdict for the defendant. As there was some evidence tending to sustain the allegations of negligence on the part of the defendant as being the cause of the injury suffered by the plaintiff in error’s intestate, the court erred in giving the affirmative instruction.

Some of the facts alleged in the declaration, and testified to, in this case, distinguish it from the case of Swanson v. Miami Home…