Please cite to the original publication
The plaintiff's complaint in a wrongful death action contained a third count which did not allege due care on the part of plaintiff and decedent; but instead alleged that "if there was any negligence on the part of plaintiff or plaintiff's decedent it was less than the negligence of the defendant, Calvin Frelk, when compared."
Date of Authorship for this Version
Comments on Maki v. Frelk-Comparative v. Contributory Negligence: Should the Court or the Legislature Decide? 21 Vand. L. Rev. 891 (1968)