featured in- Best's sale of discontinued - items, was suitable for cutting such a lawn. - Best manufactured and sold -such me-wers directly to-the public. -Mfe-Best replied-that the Best-model E had a guard -which deflected material out and-down, -instead-of sideways - so-that it could.safely be used in those - circumstances. At-the time of the sale, Ms. Best *804could not find an owner's manual for the mower, but-she-promised to send one to Smith. - The manual contained- an express warning against mowing over loose impediments?-such as gravel, stones and small-rocks. - Smith'-bought-the - mower-,- - and mowed his-lawn-that same-day, - He-observed a few rocks being-propelled ten to twenty feet fonvard-from-the-mowery-but continued to mow. - A large rock was propelled sideways,-bouncing-off-of a nearby-wall and.-into Smith's eye; - Smith sued Best -Hardware-for negligence, breach-of an express warranty and - breach- of - an implied-warranty of fitness for-a particular purpose; - Best denied--those- allegations and- pleaded Smith's comparative negligence; - Those issues are to be submitted to the jury.-
The court's charge-
[24] - Members- of the - juay, I shall how-instruct you on the-Iaw that you must follow in reaching your-verdict, It is your -duty as jurors to-decide the issues, and-only those issues,-that I submit for determination by - your verdict" In - reaching your verdict, - you should consider and weigh the evidence, decide the-disputed issues of fact, and appty the law~on - which-I -shall instruct you, to facts as you find-them - from the evidence.
The evidence in this case consists-of the sworn-testimony-of-the-w4tnessesrall exhibits received in - evidence and all facts-that -may be admitted-or agreed to
In determining- the -facts, you-may-dr-aw-reasenable-inferences -from the evidence. - ¥ou may make-deductions -and reach - conclusions - which reason - and common-sense lead-you - to-draw - from the-facts-shown by-the-evidence -in-this case, but ;mu should not speculate on any-matters outside the evidence.
[-2,2a] - In determining the believability-of any witness and the weight-to-be given the testimony- of any witness,-you ma;y properly consider the demeanor-of the-witness while-testifying; the-frankness or lack of-frankness of the witness; the-intelligence-of the witness; - any-interest the witness-may have -in-the-outcome of the case; the-means and opportunity the witness had to know the facts about which -the -witness testified; - the ability of the witness to remember- the matters about-which the witness testified; and the reasonableness of -the- testimony of the-witness, considered in the light of all the evidence in the case and in the light of your-own experience-and common sense.
[2,2ft] - Some of -the testimony-before you was in the form-of opinions -about certain technical subjects.
You may accept such opinion testimony, reject it, or give-it the weight-you think it deserves, considering the knowledge, skill, experience, training or--education of- the-witness; the reasons given by the witness for the-opinion expressed; and-all the other-evidence in the case.
[2A] - In your deliberations, you are to - consider - three - distinct - claims. Plaintiff, John Smith, alleges, firstrthat defendant, Best-Hardware, was - negligent in the transaction about which-you have heard evidences- second, that-Best breached an express-watrantg made-in selling the lawn-mower in question,• and, third,