 ... 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 by the jury, not that...  The Northwestern Reporter - Page 1251922Full view - About this book
 | Law reports, digests, etc - 1916 - 1350 pages
...make a case to be decided by the jury, not that they forestall the verdict. Rea ipsa loquitur, where it applies, does not convert the defendant's general...is whether the preponderance is with the plaintiff. Such, we think, is the view generally, taken of the matter in well-considered judicial opinions." [5]... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1913 - 840 pages
...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...is, whether the preponderance is with the plaintiff. Such, we think, is the view generally taken of the matter in well-considered judicial opinions. Kay... | |
 | 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...is whether the preponderance is with the plaintiff. Such, we think, is the view generally taken of the matter in well-considered judicial opinions. Kay... | |
 | 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 - 584 pages
...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...is, whether the preponderance is with the plaintiff. Sullivan vs. Capital Traction Company, 34 App. DC 358. Sullivan, a cripple, was riding on the platform... | |
 | 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... | |
 | 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
...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 defendant's general...is whether the preponderance is with the plaintiff. Such, we think, is the view generally taken of the matter in well-considered judicial opinions." What... | |
 | Law reports, digests, etc - 1916 - 1356 pages
...verdict. Res ipsa loquitur, where it applies, docs not convert the defendant's general issue into un affirmative defense. When all the evidence is in,...is whether the preponderance is with the plaintiff. Such, we think, is the view generally, taken of the matter in well-considered judicial opinions." [Б]... | |
 | Law reports, digests, etc - 1917 - 1036 pages
...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...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
...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 general...is whether the preponderance is with the plaintiff. Such, we think, is the view generally taken of the matter in well-considered judicial opinions." What... | |
| |
