Colby v. Lee

1. The first claim of error argued by the defendant is that the charge of the court upon the issue of contributory negligence was inadequate and inconsistent; that it did not clearly submit to the jury the question of the plaintiff’s fault and that the denial of the defendant’s requests Nos. 1 and 3 was, therefore, error.

The subject of contributory fault was touched upon by the presiding justice no less than seven times in the course of his charge. The jurors were told first that the keeper of a dog “is liable to one who is injured by such dog, if such injury . . . was not brought upon…