In light of the theory of the trial in the court below and the charge of the court, there being no allegations by either party with respect to contributory negligence, it is clearly apparent that the jury found both the plaintiff and the defendant Wayne Garrison guilty of actionable negligence.
*85The exceptions and assignments of error based thereon show no prejudicial error that would justify the awarding of a new trial.
No error.
Higgins, J., not sitting.