Hatch v. Merigold

The plaintiff’s decedent was killed in an automobile accident and the plaintiff brought this action alleging that his death was due to the negligence of the defendant. She pleaded that her intestate was in the exercise of due care, the defendant denied the paragraph of the complaint in which this is alleged, but did not affirmatively plead the decedent’s contributory negligence. The trial court in its charge instructed the jury that the burden of proof was upon the plaintiff and made no mention of the statute which provides as follows: “In any action to recover damages for negligently causing…