Bennett v. Andree

The appellant, widow and administratrix of John N. Bennettt, III, brought an action in Superior Court against William C. An-dree and Libby McNeill and Libby, An-dree’s employer, for damages resulting from the collision of a truck driven by Mr. Bennett and another truck driven by M!r. An-dree. The jury found for the defendants. The plaintiff below has appealed, alleging error in the charge, in that the trial Judge declined to tell the jury that a presumption of due care existed in favor of the deceased. Instead, he charged to the effect that negligence is never presumed, but must be proven;…