I dissent from the judgment of reversal on the ground that the instructions complained of, even though erroneous, were not prejudicial, for the reason that appellant recovered a judgment. Since the jury found a verdict in his favor, he is in no position to complain of the instructions, as the jury necessarily found that it was not his duty to fill the hole and that he was not guilty of contributory negligence. Mr. Justice KIRBY joins me in this dissent. We think the judgment should be affirmed.