Calahan v. Wood

HENRIOD, Justice

(concurring in the result).

I concur in the result based on the jury verdict to the effect that defendant was £ontributorily negligent. I see no reason to entertain any hypertechnical distinctions, however, between contributory negligence and assumption of risk or unavoidable accident. The last two principles and instructions given thereon obviously were not considered to have been factors of com-pensability. Therefore, instructions on those aspects of the case, hardly could have been considered as being prejudicial. If the jury had found that plaintiff could not recover because she either 1) assumed the risk or 2) the accident was unavoidable, the discussion about these matters would be meaningful, and no doubt decisive of the case, — otherwise no.