Civil Procedure Keyed to Cound
Alexander v. Kramer Bros. Freight Lines, Inc
An accident occurred between two tractor trailers. Alexander (Plaintiff 1) was injured, and his truck, which was owned by his corporation (Plaintiff 2), sustained serious damage. Plaintiff 1 and Plaintiff 2 sued Kramer Bros. Freight Lines, Inc. (Defendant) for injuries and property damage, respectively. The Defendant alleged that Alexander’s truck cut off Defendant 1’s truck, and that the accident that ensued was due to Alexander’s contributory negligence. At trial, the judge stated that he would instruct the jury that Defendant had the burden to prove contributory negligence. Defendant’s attorney stated that he excepted to the charge and the judge noted the exception. Defendants did not object when the jury was charged at trial. The jury returned a verdict for Plaintiffs. Defendant appealed from the verdict arguing that the jury should not have been instructed that Defendant had the burden to prove Plaintiffs’contributory negligence.
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