Oliver Wendell Holmes, Jr.

“ But the Oklahoma Constitution provides that 'the defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact, and shall, at all times, be left to the jury.' Article 23, § 6. ”

“ Brailsford, 3 Dall. 1, 4, 1 L. Ed. 483, shows that the notion is not a novelty. In the present instance the plaintiff in error cannot complain that its chance to prevail upon a certain ground is diminished when the ground might have been altogether removed. ”