DENNY, Chief Justice.
The defendants assign as error the following portion of the charge: "So, under all of the evidence, members of the jury, the court instructs you that if you find the facts to be as all of the evidence in this case, both from the plaintiff and from the defendant, if you find all of the facts to be as all of the evidence tends to show that the facts are, then it would be your duty to answer this one question `Yes.' In other words, if you believe...
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