July 23, 2014

  • 272 Negligence
  • 272XVIII Actions
  • 272XVIII(D) Questions for Jury and Directed Verdicts
  • 272k1715 Defenses and Mitigating Circumstances
  • 272k1717 Fault of Plaintiff or Third Persons
  • 272k1717(1) k. In General.

272 NegligenceIssue of contributory negligence must go to jury where evidence or reasonable inferences arising therefrom furnish as much as gleam, glimmer, spark, the least particle, smallest trace, or scintilla in support of contributory negligence, and such defense must be submitted to jury unless evidence is entirely free of doubt or adverse inference.

American Furniture Galleries, Inc. v. McWane, Inc., 477 So. 2d 369 (Ala. 1985)