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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)
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

738 chars
The trial court denied a request in the wrongful-death case to submit for special finding the question whether William was guilty of contributory negligence, and, if he was, to deduct one-third of any recovery. Instead, the court decided that if the jury found for plaintiff in the wrongful-death case and against him in the individual action it would deduct from the recovery in the wrongful-death action one-third thereof as William’s share, upon the theory that implicit in such verdicts would be a finding that he was guilty of contributory negligence. The reason given for the procedure adopted was that it would accord to defendant his rights with respect to the question and at the same time would be simple as a procedural matter.