Hauser v. Town of Fairfield

The plaintiff recovered judgment for the injuries suffered by reason of a defect in a street in the defendant town and the defendant has appealed. The street was under repair and the plaintiff was walking along it at night. The issues before us concern only the question of contributory negligence on the part of the plaintiff. After both parties had rested and while the defendant’s counsel was arguing to the jury, he stated that no evidence had been offered to show that the plaintiff was free from contributory negligence and that there should have been evidence as to the manner in which she…