In our opinion, res ipsa loquitur means that the facts of the occurrence warrant the inference of negligence, not that they compel such an inference; that they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but... The South Western Reporter - Page 1791916Full view - About this book
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1913 - 836 pages
...Virginia Midland R. Co., 140 US 435, 443, 444; Patton v. Texas & Pacific Ry. Co., 179 US 658, 663. In our opinion, res ipsa loquitur means that the facts...inference of negligence, not that they compel such an inference; that they furnish circumstantial evidence of negligence where direct evidence of it may... | |
| United States. Supreme Court - Law reports, digests, etc - 1913 - 1092 pages
...U. S. 658, 663, 45 L. ed. 361, 364, 21 Sup. СЪ. Rep. 275. In our opinion, res ipsa loquitur meana that the facts of the occurrence warrant the inference of negligence, not that they compel such an inference; that they furnish circumstantial evidence of negligence where direct evidence of it may... | |
| Charles Albert Keigwin - Torts - 1915 - 584 pages
...of the evidence that there was an absence of negligence on his part. * * * 1n our opinion, rex ipxa loquitur means that the facts of the occurrence warrant the inference of negligence, rot that they compel such inference; that they furnish circumstantial evidence of negligence 31 where... | |
| Charles Albert Keigwin - Torts - 1915 - 604 pages
...evidence that there was an absence of negligence on bis part. * * * In our opinion, res ip.ia Inquitnr means that the facts of the occurrence warrant the Inference of negligence, rot thnt they -compel such Inference; that they furnish circumstantial evidence of negligence 31 where... | |
| 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
...of the report shows that the case turns upon the high degree of care owing by carrier to passenger, and that the court did not rule that the circumstances...evidence of negligence where direct evidence of it may b« lacking, but it is evidence to be weighed, not necessarily to be accepted as sufficient ; that... | |
| Appellate courts - 1917 - 742 pages
...been erroneously confused with the question of burden of proof, and expressed its opinion as follows : "Res ipsa loquitur means that the facts of the occurrence...inference of negligence, not that they compel such an inference; that they furnish circumstantial evidence of negligence where direct evidence of it may... | |
| Law reports, digests, etc - 1917 - 1036 pages
...negligence on Its part was produced by the defendant. The Supreme Court of the United States holds that: "Res ipsa loquitur means that the facts of the occurrence warrant the inference of négligence, not that they compel such an inference: that they furnish circumstantial evidence of negligence... | |
| Law reports, digests, etc - 1919 - 924 pages
...1914D, 905, where the court, speaking through Justice Pitney of the niaxim res ipsa loquitur, says: "In our opinion, res ipsa loquitur means that the...inference of negligence, not that they compel such an inference ; that they furnish circumstantial evidence of negligence where direct evidence of it... | |
| Law reports, digests, etc - 1920 - 1284 pages
...240, 33 Sup. Ct 416, 418 (57 L. Ed. 815, Ann. Cas. 1914D, 903), the United States Supreme Court said: "In our opinion, res ipsa loquitur means that the...the inference of negligence, not that they compel euch an inference ; that they furnish circumstantial evidence of negligence where direct evidence of... | |
| |