Wilson v. Birkenbush

Cox, J.,

The defendant appealed from the order of the Appellate Division for the Northern District dismissing the report of the trial judge, who found for the plaintiff. The only question for decision is whether the judge was in error, in the circumstances disclosed, in denying the defendant’s request that, “If the court finds that the plaintiff in the *174exercise of common prudence ought to have given warning to her husband of carelessness on his part which she observed or ought to have observed in the exercise of due care for her own safety and that she failed to do so, she would not be…