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Comments on Maki v. Frelk - Comparative v. Contributory Negligence: Should the Court or the Legislature Decide?

James, Fleming
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Comments on Maki v. Frelk-Comparative v. Contributory Negligence: Should the Court or the Legislature Decide? 21 Vand. L. Rev. 891 (1968)
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Faculty Scholarship Series
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Abstract
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."
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http://hdl.handle.net/20.500.13051/2568