STEWART, Justice.
For the purpose of this appeal appellant will be referred to as "Baird" and appellee as "Shane".
Two errors are assigned on the appeal: First, the court erred in failing to give to the jury "Instruction No. 2" offered by Baird covering proximate cause; and second, the court erred in submitting to the jury Baird's contributory negligence, set out in "Instruction No. 9" given by the court, because Shane did not allege such a fact.
The...
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