MacDonald v. Ogan

I concur except in the condemnation of Instruction No. 4A. The giving of such instructions has uniformly been upheld by this court. (Department of Finance v. Union Pac. R. R. Co.,ante, p. 484, 104 P.2d 1110; Geist v. Moore, 58 Idaho 149,70 P.2d 403, and cases therein cited.)

Budge, J., concurs.