 ... 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
 | 1919 - 924 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." The... | |
 | 1920 - 904 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. Sweeney v. Erving, 228 US 240, 67 Law Ed. 819. Management and Control. In 111. Cent. Ry. Co. v. Swift,... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1920 - 828 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. Opinion Per PARKER, J. [107 Wash. "Such, we think, is the vicw, generally taken of the matter in well-considered... | |
 | Virginia. Supreme Court of Appeals - 1922 - 916 páginas
...case to be decided by the jury, not that Opinion. 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... | |
 | California. District Courts of Appeal - 1922 - 960 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." [4] The verdict of the jury in the instant case implies a finding against defendant. (Warden v. Central... | |
 | 1924 - 580 páginas
...of the opponent is to produce evidence sufficient to offset the effect of the other party's showing; when all the evidence is in, the question for the jury is whether the preponderance is with the latter. See 5 Wigmore on Evidence (2d ed.) §§ 2-487, 2488, 2489, 2490. On the other hand, if the... | |
 | 1916 - 1096 páginas
...decided by the jury, not that they forestall the verdict. Kes Ipsa loquitur, where It applies, docs not convert the defendant's general Issue Into an...whether the preponderance is with the plaintiff." This view is regarded as that generally taken in well-considered judicial opinions, a. large number... | |
 | Burr W. Jones, James Max Henderson - 1926 - 944 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." 3 § 81. Common Carriers. — An exception to the general principle that negligence will not be presumed... | |
 | Lyman P. Wilson - 1928 - 1130 páginas
...make a case to be decided by the jury, not that they forestall the verdict. Ees ipsa loquitur, where it applies, does not convert the defendant's general...is, whether the preponderance is with the plaintiff. . , , The doctrine of res ipsa loquitur, in the language of Pound, J., in Plumb v. Richmond Light &... | |
 | 1920 - 1152 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." [6] The verdict of the Jury In the instant case Implies a finding against defendant Worden v. Central... | |
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