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Section 5, article 18, of the state 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.” , 190 Pac.

e Constitution of Arizona, article 18, section 5, provides: “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.” This is not the first time this question has been before this court for consideration, , 190 Pac.

This constitutional provision has been construed and applied by this court in several cases, notably, , 190 Pac.

And, since “that cause is proximate without which the accident would not have happened” ( , 190 Pac.

P. R. Co. v. Kellogg, 94 U. S. 469 , 24 L. Ed. 256 (see, also, Rose’s U. S. Notes); , 190 Pac.