John J. Connors, Jr. v. William J. Schmidt

This appeal is from a judgment entered on the verdict of the jury for defendant in a personal injury damage suit resulting from an early morning accident involving two automobiles. The verdict was reported in unusual form: “We find the defendant not guilty of negligence.”

After delivery of the charge and before the jury had retired, the attorney for the plaintiff requested the court to clarify “what is the burden or where the burden of proof lies with respect to the issue of contributory negligence.” The judge .stated that he had done so twice.

The record shows that the judge had charged the…