Dennis v. Boston & Maine Railroad

There was abundant evidence of the defendant’s negligence, and the entire emphasis of the defendant’s argument was directed to the contention that the plaintiff was guilty of contributory negligence. The case has, therefore, been considered solely with reference to this question.

By Laws 1915, c. 148, the burden of proving contributory negligence in cases of personal injury is imposed upon the defendant. “Under the present law no evidence as to the care of the deceased is necessary as a part of a plaintiff’s case, and when his conduct is disclosed by the evidence a verdict can be directed for…