American Law Reports Annotated, Том 144Lawyers Co-operative Publishing Company, 1943 |
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Сторінка 725
... negligence as the Rules of Civil 5. Negligence- contributory affirmative de- fense . to apply state law - burden of proof as to con- gence . Procedure makes contributory negli- gence an affirmative defense . We do not agree . Rule 8 ( c ) ...
... negligence as the Rules of Civil 5. Negligence- contributory affirmative de- fense . to apply state law - burden of proof as to con- gence . Procedure makes contributory negli- gence an affirmative defense . We do not agree . Rule 8 ( c ) ...
Сторінка 1002
... negligence . negligence which bars recovery or is in mitigation of damages . Appel- lee's petition did not allege free- dom from contributory negligence . The court instructed the jury to con- sider this defense only in mitigation of ...
... negligence . negligence which bars recovery or is in mitigation of damages . Appel- lee's petition did not allege free- dom from contributory negligence . The court instructed the jury to con- sider this defense only in mitigation of ...
Сторінка 1477
... negligence ; there must be some evidence to indicate how the accident happened . " was In Wenhold v . O'Dea ( 1940 ) 338 Pa 33 , 12 A ( 2d ) 115 , the court held that " the law presumes that deceased was not negligent , but that lends ...
... negligence ; there must be some evidence to indicate how the accident happened . " was In Wenhold v . O'Dea ( 1940 ) 338 Pa 33 , 12 A ( 2d ) 115 , the court held that " the law presumes that deceased was not negligent , but that lends ...
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