Chap. 0386 An Act making the presumption of due care on the part of a person injured or killed applicable to actions for consequential damages.

Be it enacted, etc., as follows:

Section 1. Chapter 231 of the General Laws is hereby amended by striking out section 85, as appearing in the Tercentenary Edition, and inserting in place thereof the following section: - Section 85. In all actions, civil or criminal, to recover damages for injuries to the person or property or for causing the death of a person, or consequential damages arising out of such injuries or death, the person injured or killed or the person chargeable with his conduct shall be presumed to have been in the exercise of due care, and contributory negligence on his part shall be

an affirmative defence to be set up in the answer and proved by the defendant.

Section 2. This act shall take effect on September first in the current year. Approved May 12, 1947.