Is contributory negligence a proper defense to each cause of action?

California, United States of America


The following excerpt is from Elm v. McKee, 139 Cal.App.2d 353, 293 P.2d 827 (Cal. App. 1956):

Appellant complains of the large number of instructions, eight in all, given on contributory negligence, contending that this issue was unduly emphasized. Contributory negligence was, however, a proper defense to each of the three causes of action pleaded. If the instructions have stated the law correctly, no prejudicial error has been committed. Ornales v. Wigger, 35 Cal.2d 474, 480, 218 P.2d 531.

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