Robb v. John C. Hickey, Inc.

20 A.2d 707 (1941)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

At issue was the negligence of Ds and the contributory negligence of P'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 P's decedent had been established, the comparative degrees of the negligence of the parties was immaterial. The jury found negligence on the part of both parties involved. It also found that D was more negligent than P and that P should get an award of $2,000. Both parties appealed. P wants to set aside the verdict upon the ground that it is ambiguous, inconsistent, inadequate and contrary to the charge of the court. Ds moved to mold the verdict into one in favor of the them urging that it is merely informal and the intent of the jury to find for Ds.