Bradley v. Appalachian Power Co.

Miller, Justice:

In these two cases, which have been consolidated on appeal, we are asked to re-examine and ameliorate the common law doctrine of contributory negligence.

In each case the plaintiff sought by way of an instruction to utilize the doctrine of comparative negligence to avoid the defense of contributory negligence. The ten dered instruction was rejected and the usual contributory negligence instruction was given, with the jury returning a verdict for the defendant in each case.

I

The doctrine of contributory negligence is generally thought to have originated in the English common law…