Gilbert v. Churchill

This is a personal injury case arising out of a collision between two motor vehicles. The defendants pleaded general denial and contributory negligence. Under 12 V.S.A. §1024, contributory negligence is now an affirmative defense to be set forth and established by the defendant. At the opening of the trial the action was discontinued as to defendant Morris L. Cote. The case was tried in the Washington County Court at which time the jury returned a verdict in favor of defendant, Churchill, and judgment was entered thereon.

The question raised by the plaintiff’s appeal is to the court’s denial…