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LARGEN v. McCLELLAN
Court of Common Pleas, Fairfield County at Bridgeport
Jul 3, 1972
Where not pleaded, the defense of contributory negligence was unavailable, even though the plaintiff had a verdict against her in a companion case.
MARTIN, J.
This automobile negligence case was tried to the court while a companion case was tried to the jury. The jury returned a verdict against both the plaintiff and the defendant in this action.
The defendant, however, failed to plead contributory negligence as required by ยง 52-114 of the General Statutes, and that defense is not available to him.
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