SUTTON, C. J.
1. There being no argument or insistence upon the assignment of error on the overruling of the demurrer to the petition, the same is treated as having been abandoned.
2. In the first special ground of the motion for a new trial the defendant assigns error on the following part of the charge of the court: "Defendant company alleges that the injury sustained by the plaintiff, if any, was due to the negligence of the plaintiff and his fellow employees...
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