McMahon v. McNabb

Kirby, J.,

(after stating the facts). It is insisted that the court erred in the giving of certain instructions requested for the plaintiff Nos. 1, 2, 3, 4 and 5, it being contended that said instructions were erroneous in directing the jury to find in appellee’s favor, if they found the facts as stated therein, without consideration at all or mention of the appellant’s alleged defense of contributory negligence.

In instruction No. 4 the jury were told that, if they found the defendant was negligent or that his negligence was the proximate cause of plaintiff’s injuries, “then it is your duty to…