Ruth Mingo v. John Extrand

Erroneous definition of duty of plaintiff charged with contributory negligence. 1. An instruction, that ""after either the plaintiff or the defendant was conscious or appreciated the immediate danger, then both of them were bound to use every possible precaution to prevent the happening of this accident,"" is held erroneous as a definition of the duty resting upon a plaintiff charged with contributory negligence in an ordinary negligence case.