It was therefore error to admit this evidence, and to instruct the jury in the second instruction that in determining what was a reasonable charge they could consider the "ability to pay of the person operated upon". It was improper to let it go to the jury that Mr. Harrison was a bachelor and that his estate was left to nieces and nephews.
At this point, the judge refused Burton's request to instruct the jury that the earlier requested instructions stood on the same footing as the other instructions.
The refusal of the trial judge to instruct the jury as requested was error.
The Circuit Court refused, and, in our opinion, rightly, to so instruct the jury.
That motion was overruled, and the court declined to instruct the jury as requested.
The trial court refused to instruct the jury as to the theory of strict liability.
He said he would instruct the jury to focus on the evidence.
The key question for the court to decide was how to instruct the jury.
"The problem is how to instruct the jury," said Justice Anthony Kennedy.
After the defense testimony concludes on Thursday, the judge will determine how to instruct the jury.
A prosecutor is to deliver a rebuttal on Tuesday; then the judge will instruct the jury before deliberations begin.
