Hercules Incorporated v. Jones

On Rehearing

The following is substituted for our discussion of Assignment of Error 7 in the. original opinion.

Assignment of Error 7

Appellant here charges error in the-refusal of the general affirmative charge under Count Five of the complaint. Defendant requested and the court refused' four unnumbered general charges relating to Count Five:

“The Court charges the jury that under the evidence in this case, the jury should find for the defendant, under-count Five of the complaint.”

“The Court charges the jury that under the evidence in this case, the jury-must find for the defendant, under count…