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…Where, as in the instant case, the issue of contributory negligence by the deceased has been raised, the court has to investigate that issue on evidence to be called by the defendant who alleges contributory negligence.…

…If the defendant calls no evidence then he has not discharged the onus on him of proving the contributory negligence pleaded by him. In the absence of such evidence the court cannot decide relative blameworthiness.…

…He expressly found that the respondent was not guilty of any contributory negligence.…

…In other words, within the context of those findings, was there yet room for a valid finding of contributory negligence?…

…circumstance is accepted in the administration of penal justice and the principle that a party blameable in part for any damage or injury he sustained, should receive diminished compensation, underlies the learning relating to contributory…

…negligence in the law of tort.…