HUNT v. BRENEMAN

No. 47762.

45 N.W.2d 138 (1950)

HUNT v. BRENEMAN.

Supreme Court of Iowa.

December 12, 1950.


Attorney(s) appearing for the Case

John D. Randall, Richard F. Nazette, and M. F. Mitvalsky, all of Cedar Rapids, for appellant.

Simmons, Perrine, Albright, Ellwood & Neff, of Cedar Rapids, for appellee.


SMITH, Justice.

The principal contention presented here is that the court in its instructions overemphasized "the defense with respect to the plaintiff having moved himself into a position of danger." That is the language of plaintiff's objection to Instruction 7. The objection adds: "And, that the said defense has been heretofore covered in Instruction No. 5, and also in Instruction 6, and that by the giving of Instruction No. 7 the defense * * * is so overemphasized...

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