Donk Bros. Coal & Coke Co. v. Stroff

Mr. Justice Cartwright,

dissenting:

We are all agreed that it was error to give -the instruction assuming the existence of a controverted question of fact, and that the error would require a reversal unless it was cured by other instructions. I have been unable to see how other instructions stating that the controverted fact must have been proved to justify a verdict for plaintiff could cure an instruction substantially telling' the jury that such fact had been proved.