finding that a trial court correctly instructed a jury on negligence, including instructions that “conduct is not to be judged in light of hindsight”
How later courts described this case
- finding that a trial court correctly instructed a jury on negligence, including instructions that “conduct is not to be judged in light of hindsight”
- defendant's safety manual excluded on facts of case
Written by the judges who cited it.
The opinion
DENECKE, J.,
specially concurring.
As Mr. Justice McAllister states, at trial the plaintiff did not object to the form of “intervening cause” instruction, and, therefore, the majority does not consider whether it is in correct form.
*530 In an effort to dissuade future use of such, an instruction, I offer the opinion that the instruction is not in proper form. It incorporates terms and phrases which have been in use for years but which, in my opinion, are completely unintelligible to a jury.