Tonner

Plaintiff sought damages for personal injuries alleged to have been caused by the negligence of defendants. The cause was tried by a jury and from a judgment in favor of defendants, plaintiff appeals.

Plaintiff claimed to have sustained his injuries when the motorcycle upon which he was riding upon a city street, at a speed of about eight miles per hour, skidded on some oil which had drained out of a road oiler operated by defendants.

The only assignment of error is that the trial court' erred in giving a certain instruction to the jury. It appears, however, that the trial court subsequently withdrew the instruction when the jury returned and requested further instructions on the subject of contributory negligence. The trial court then gave the jury further instructions thoroughly covering this subject and continued as follows:

Assuming, without deciding, that the challenged instruction was erroneous, any error in the giving of said instruction was cured by its subsequent withdrawal from the consideration of the jury. Counsel for appellants concedes that error in the giving of an instruction may be so cured, but contends that “the instruction here complained of was not properly…