Shea v. Danna

An examination of the record indicates that sufficient facts were proven by plaintiff to establish at least prima facie a cause of action; However, it appears that during the course of the summation by plaintiff’s attorney reference was made to the fact that defendant’s counsel had failed to call as a witness a woman who was driving a car on the street where the accident occurred.

After the main charge was concluded the attorney representing the defendant made the following request among others: “ May I ask the Court then to charge the jury that in the matter of contributory negligence that…