SPERRY, Commissioner.
Mr. Carsel, plaintiff herein, sued defendants because of injuries received when he fell through a defective floor on defendants' premises. He had a judgment in the amount of $5,000, and defendants appeal.
The sole point raised on the appeal is that plaintiff's main instruction, No. 1, is prejudicially erroneous. The instruction is as follows:
"The Court instructs the jury that if you find and believe from the evidence that on...
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