Thelma J. Law, Administratrix of the Estate of William C. Yaggi, Deceased v. John Converse, a Minor, by His Guardian, James Converse

OPINION OF THE COURT FREEDMAN, Circuit Judge.

In this wrongful death and survival action, plaintiff, the administratrix of the estate of a decedent who was killed in an automobile accident, seeks on two grounds to overthrow the jury’s verdict against her. Both contentions have a seeming logic but are based on an ingenuous literalness which requires their rejection.

I

Plaintiff’s counsel said to the jury in the course of his reply summation: “The Court will tell you that negligence on the part of the plaintiff, no matter how slight, will bar recovery. However, you, as jurors, have a right to…