Nature of the Case
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Facts
A car driven by the testator collided with a car driven by P. The accident occurred in Maine and P sued Channell (D) in Massachusetts. On the issue of contributory negligence, P requested the court to charge the jury, in accordance with the local Massachusetts rule, that 'the burden of proving lack of care on the part of the plaintiff is on the defendant.' The court charged in accordance with the Maine law, that the burden was upon P to show affirmatively that no want of ordinary care on his part contributed to cause his injuries. The jury found that P's injury was caused by the negligence of D's testator, but brought in a general verdict for D on the issue of contributory negligence. Judgment was entered for D. P appealed.
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