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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mattfeld v. Nester, 32 N.W.2d 291 (1948)

Citation
Mattfeld v. Nester, 32 N.W.2d 291 (1948) (7)
Parent Document
Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Jurisdiction
Minnesota (state)
Effective Date
1948-04-16

Other Sections in This Document (117)

Full Text

794 chars
(7) Whether, where a wrongful-death action in which defendant contends that the recovery, if any, should be reduced by the amount of the beneficiary’s share thereof because the beneficiary’s contributory negligence was a cause of the death, and an individual action by the beneficiary against the same defendant based upon the same alleged negligence in which defendant contends that the beneficiary is not entitled to recover because of his contributory negligence, are tried together, the trial court erred by refusing to submit in the wrongful-death action the question whether the beneficiary was guilty of contributory negligence and by adopting, in lieu of such submission, the general verdict in the beneficiary’s individual action as a special finding with respect to the question; *111