Robb v. John C. Hickey, Inc.

Leyden, C. C. J.

The issues presented by the pleadings were the negligence of the defendants and the contributory negligence of the plaintiff’s decedent. The jury was instructed concerning the applicable principles of law, in the course of which it was pointed out that if contributory negligence upon the part of the plaintiff’s decedent had been established, the comparative degrees of the negligence of the parties was immaterial.

The jury returned a verdict in the absence of the judge and it was recorded at the clerk’s desk as follows: “The jury finds that there was negligence on the part of…