stating, “only statements of law to be applied in the examination and determination of the issue” should be included
How later courts described this case
- stating, “only statements of law to be applied in the examination and determination of the issue” should be included
- “[I]t is the duty of the court at every trial to give to the jury the fundamental law applicable to the facts in the case and ... unless waived by the parties, instructions to that extent at least, must be given whether requested or not----”
Written by the judges who cited it.
The opinion
LUJAN, Justice (specially concurring).
In so far as the opinion of Mr. Justice KIKER rests a reversal and award of a new trial on error in the court’s instruction No. 5, objected to at the time by plaintiff, enumerating instances of scheduled injuries amounting to total disability, I concur. Since the plaintiff’s injury was not of that kind or type, I am unable to rid myself of a feeling that giving the instruction tended to confuse the jury and, hence, resulted in prejudice to the plaintiff. I do not feel the facts of this case warrant application of the doctrine of fundamental error. But for the reason stated, I concur in the award of a new trial.
COMPTON, C. J., concurs.