Martin v. Town of McMinnville

I

SHRIVER, J.

This is a suit for the wrongful death of Henry J. Martin, brought by his widow, Wilma Martin, against the Town of McMinnville and McMinnville .Electric System.

The case was tried on October 30,1961, and resulted in a jury verdict for the plaintiff in the amount of $13,600.00 which was approved by the Trial Court. It was then duly brought to this Court by an appeal in error and assignments have been filed.

■To defendant’s special pleas plaintiff filed a replication which raised the-issue, among other things, that the defendants were barred from relying upon contributory negligence…