What is the burden of proof on a defendant's defense of contributory negligence?
California, United States of America
The following excerpt is from Van Pelt v. Carte, 209 Cal.App.2d 764, 26 Cal.Rptr. 182 (Cal. App. 1962):
In any event, it must be remembered that the burden of proof on defendant's defense of contributory negligence rests on the defendant, not the plaintiff.
As was said in Gadbury v. Ray, 171 Cal.App.2d 150, 155, 340 P.2d 66, 69,
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