What is the burden of proof for a motion for nonsuit on the ground of contributory negligence?
California, United States of America
The following excerpt is from Herrera v. Southern Pac. Ry. Co., 10 Cal.Rptr. 575, 188 Cal.App.2d 441 (Cal. App. 1961):
A similar rule is applied in those cases where the court is considering a motion for nonsuit on the ground of contributory negligence. The burden of proof is on the defendant to prove that the alleged contributory negligence existed and that it was a proximate cause of the injury complained of. As was stated in Anthony v. Hobbie, 25 Cal.2d 814, 818 , 155 P.2d 826, 829:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
What is the burden of proof on a defendant's defense of contributory negligence? (California, United States of America)
Can a motion to dismiss be dismissed on the grounds that the motion is invalid on other grounds? (California, United States of America)
What is the burden of proof of contributory negligence in a motor vehicle accident? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
Can the Court of Appeal overturn a finding of negligence and contributory negligence in a motor vehicle accident? (California, United States of America)
What is the burden of proof related to errors that have been disapproved on other grounds? (California, United States of America)
