Bernard v. Russell

The plaintiff’s appeal is based on the contention that the jury “fell into a plain mistake” and that this may have been caused by the Trial Court’s instructions to the jury on contributory negligence. The defendant’s position is that the Trial Court did too much for the plaintiff in its charge on contributory negligence, while the plaintiff claims that the Court did too little. For reasons which will appear, we think the Trial Court correctly attained a common ground without prejudice to the rights of either party.

“The whole theory of negligence presupposes some uniform standard of behavior .…