Finnegan v. Davis

This case presents the question of whether in a tort negligence action tried by a jury, the jury’s answer to a special interrogatory finding the plaintiff’s decedent not guilty of contributory negligence may be inconsistent with and, therefore, control over the jury’s general verdict for the defendant.

We rule that it may under the unusual circumstances of this case, where under the evidence, the collision giving rise to the action could not have resulted from pure accident and must have been proximately caused by either plaintiff’s decedent or defendant.

At issue is the application of section…