Hoots v. Beeson

There was ample evidence to warrant submission of the negligence and contributory negligence issues and to support the jury’s findings thereon. The jury answered the negligence issue, “Yes.” The question for decision is whether there was error in the portion of the court’s charge relating to the contributory negligence issue.

Plaintiff excepts, inter alia, to the following portions of the court’s instructions to the jury: (1) “It being the law, members of the jury, that where both parties to an action like this are negligent, that neither can recover, that the negligence of one offsets the…