What is the test for a jury to determine whether there is a contributory or negligence element in a plaintiff's claim?
California, United States of America
The following excerpt is from Squillante v. Barr, 131 Cal.App.2d 175, 280 P.2d 216 (Cal. App. 1955):
'Where different inferences may reasonably be drawn from the evidence, the decision on the questions of negligence and contributory negligence must be left to the trier of fact. The conclusion of the jury will not be disturbed on review if some substantial evidence or reasonable inference lends support thereto. Nichols v. Mitchell, 32 Cal.2d 598, 606, 197 P.2d 550.'
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