TOWNSEND, J.
(After stating the foregoing facts.) 1. Special ground 2 of the amended motion for a new trial assigns error on the charge of the court that if the jury found certain facts the plaintiff would not be entitled to recover "if you also further find that at the time Jim Baynes was sane." It is contended that the last quoted phrase is inapplicable in that it had the effect of causing the jury to believe that there was any issue as to the sanity or insanity...
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