 ... 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 - Página 1251922Visualização integral - Acerca deste livro
 | 1916 - 1350 páginas
...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 - 1913 - 840 páginas
...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 - 1913 - 1092 páginas
...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 - 1915 - 936 páginas
...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 - 1915 - 584 páginas
...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 - 1915 - 604 páginas
...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 - 1916 - 864 páginas
...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... | |
 | 1916 - 1356 páginas
...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]... | |
 | 1917 - 1036 páginas
...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... | |
 | 1918 - 1300 páginas
...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... | |
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