 ... negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be accepted as sufficient; that they call for explanation or rebuttal, not necessarily that they require it; that they make a case to be decided...  The South Western Reporter - Page 1791916Full view - About this book
 | Law reports, digests, etc - 1922 - 1138 pages
...make a case to be decided by the jury, not that they forestall the verdict. Res ipsa loquitur, when it applies, does not convert the defendant's general...whether the preponderance is with the plaintiff." It may be noted that In some cases Involving bailments we have held advisedly, and largely induced... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1913 - 840 pages
...require it; that they make a case to be decided by the jury, not that they forestall the verdict. Res ipsa loquitur, where it applies, does not convert...of the matter in well-considered judicial opinions. Kay v. Metropolitan St. Ry. Co., 163 NY 447, was an action by passenger against carrier, and the New... | |
 | United States. Supreme Court - Law reports, digests, etc - 1913 - 1092 pages
...forestall the verdict. Res ipia loquitur, where it applies, does not convert the defendant's peneral issue into an affirmative defense. When all the evidence...of the matter in well-considered judicial opinions. Kay v. Metropolitan Street R. Co. 163 NY 447, 57 NE 751, was an action by passenger against carrier,... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1915 - 936 pages
...that they forestall the verdict. Res ipsa loquitur, where it applies, does not convert the defendant $ general issue into an affirmative defense. When all...whether the preponderance is with the plaintiff." SHAW t' . PURLIC-SERVICE CORPORATION. . Now we understand what the rule is and its extent. If a thing... | |
 | Charles Albert Keigwin - Torts - 1915 - 604 pages
...where It applies, does not convert the defendant's general issue Into an affirmative defence. When nil the evidence is in, the question for the jury is, whether the preponderance is with, the plaintiff. Sullivan vs. Capital Traction Company, 34 App. DC 358. Sullivan, a cripple, was ridirg on the platform... | |
 | Charles Albert Keigwin - Torts - 1915 - 584 pages
...require it; that they make a case to be decided by the jury, not that they forestall the verdict. Res ipsa loquitur, where it applies, does not convert the defendant's general issue into an affirmative defence. When all the evidence is in, the question for the jury is, whether the preponderance is with... | |
 | Tennessee. Supreme Court, William Wilcox Cooke, Joseph Brown Heiskell, Jere Baxter, Benjamin James Lea, George Wesley Pickle, Charles Theodore Cates, Frank Marian Thompson, Charles Le Sueur Cornelius, Roy Hood Beeler - Law reports, digests, etc - 1916 - 864 pages
...require it ; that they make a case to he decided by the jury, not that they forstall the verdict. Res ipsa loquitur, where it applies, does not convert...the matter in well-considered judicial opinions." What we have said would be a good answer to the first assignment on the hypothesis first mentioned,... | |
 | Law reports, digests, etc - 1917 - 1036 pages
...require it: that they make a case to be decided by the jury, not that they forestall the verdict. Res ipsa loquitur, where it applies, does not convert...whether the preponderance is with the plaintiff." Sweeney v. Erving, 228 IT. S. 233, 33 Sup. Ct. 41G, 57 L. Ed. 815, Ann. Cas. 1914D, 903. Kay v. Metropolitan... | |
 | Law - 1918 - 1300 pages
...it; that they make a cr.se to be decided by the jury, not that they forestall the verdict, lies \fisa loquitur, where it applies, does not convert the defendant's...the matter in well-considered judicial opinions." What we h» vc said would be a good answer to the first assignment on the hypothesis first mentioned,... | |
 | Law reports, digests, etc - 1919 - 924 pages
...require it; that they make a case to be decided by the jury, not that they forestall the verdict. Res ipsa loquitur, where it applies, does not convert...the matter in well-considered judicial opinions." The casting of sparks from a locomotive engine upon another's land, and burning the timber on it, is... | |
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