Wolfswinkel v. Southern Pacific Company

WINDES, Justice.

On motion for rehearing defendant contends that the effect of our decision in Wolfswinkel v. Southern Pacific Company, 81 Ariz. 302, 305 P.2d 447, is to prohibit the trial court instructing the jury what is the legal duty of plaintiff in a given case and that if such duty was violated the plaintiff would be guilty of negligence. Briefs of amici curiae were filed contending that the decision is susceptible of the interpre-tation that it prohibits the trial court hypothetically instructing the jury that if it found from the evidence facts which as a matter of law constitute…