Continental Optical Co. v. Reed

CRUMPACKER, Judge. The appellant and the appellee have each filed a petition for the rehearing of this appeal. Among other things the appellant complains of our failure to discuss and decide the questions raised concerning instructions given and refused. Our reasons for not doing so are now unimportant as we have concluded that the appellant is entitled to the courts opinion in reference thereto. The appellants propositions concerning instructions fall in four classes: (1) the failure of the court to give general instructions, on its own motion, as mandated by statute; (2) error in giving certain instructions on its own motion; (3) error in refusing certain instructions tendered by the appellant; and (4) error in refusing to instruct the jury, both at the close of the plaintiffs case and