GILBERT v. CHURCHILL

No. 1911.

252 A.2d 528 (1969)

Melba G. GILBERT v. Ray CHURCHILL and Morris L. Cote.

Supreme Court of Vermont. Washington.

April 2, 1969.


Attorney(s) appearing for the Case

Davis, Martin & Free, Barre, for plaintiff.

McKee & Clewley, Montpelier, for defendants.

Before HOLDEN, C. J., SHANGRAW, BARNEY and KEYSER, JJ., and LARROW, Superior Judge.


SHANGRAW, Justice.

This is a personal injury case arising out of a collision between two motor vehicles. The defendants pleaded general denial and contributory negligence. Under 12 V.S.A. section 1024, contributory negligence is now an affirmative defense to be set forth and established by the defendant. At the opening of the trial the action was discontinued as to defendant Morris L. Cote. The case was tried in the Washington County Court at which time the jury returned...

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