Lee v. Louisville & Nashville Railroad

MILLS, Judge.

Appellants, plaintiffs below, appeal from a judgment in appellee’s favor in a wrongful death action.

The question raised by this appeal is whether the applicability of the comparative negligence rule may be raised for the first time by brief on appeal.

On 7 February 1970, plaintiffs’ minor son was killed in an accident. The wrongful death suit was commenced on 4 February 1972. The jury trial was concluded on 31 January 1973 by a verdict in favor of defendant, appellee here. Judgment was rendered for defendant on that date. The trial court submitted the issue of contributory…