(Download) "Wolfswinkel v. Southern Pacific Co." by Arizona Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Wolfswinkel v. Southern Pacific Co.
- Author : Arizona Supreme Court
- Release Date : January 05, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
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 interpretation 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 negligence, the plaintiff would be negligent and in the event the jury found the plaintiff to be negligent and found such negligence was a proximate contributing cause of the accident and injury, then plaintiff should not recover.