 | 1922 - 1138 σελίδες
...they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be...that they forestall the verdict. Res ipsa loquitur, when it applies, does not convert the defendant's general issue into an affirmative defense. When all... | |
 | 1916 - 1350 σελίδες
...they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be...by the jury, not that they forestall the verdict. Rea ipsa loquitur, where it applies, does not convert the defendant's general issue into an affirmative... | |
 | Philippines - 2004 - 346 σελίδες
...they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but is evidence to be weighed, not necessarily to be accepted as sufficient: that they call for explanation on rebuttal, not necessarily that they require it; that they make a case to be resolved by the trial... | |
 | United States. Supreme Court - 1913 - 1092 σελίδες
...they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be...the jury, not that they forestall the verdict. Res ipia loquitur, where it applies, does not convert the defendant's peneral issue into an affirmative... | |
 | North Carolina. Supreme Court - 1915 - 936 σελίδες
...they furnish circumstantial evidence of negligence where direct evidence of it may be lacking; but it is evidence to be weighed, not necessarily to be...rebuttal, not necessarily that they require it; that they may make a case to be decided by the jury, not that they forestall the verdict. Res ipsa loquitur,... | |
 | 1916 - 1356 σελίδες
...they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be...the verdict. Res ipsa loquitur, where it applies, docs not convert the defendant's general issue into un affirmative defense. When all the evidence is... | |
 | 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 σελίδες
...they furnish circumstantial evidence of negligence where direct evidence of it may b« lacking, but it is evidence to be weighed, not necessarily to be...necessarily that they 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... | |
 | 1917 - 1036 σελίδες
...they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be...the defendant's general issue into an affirmative defense. When all the evidence is in. the question for the jury is whether the preponderance is with... | |
 | 1917 - 742 σελίδες
...they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be...necessarily that they require it ; that they make a ease to be decided by the jury, not that they forestall the verdict. Res ipsa loquitur, where it applies,... | |
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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,... 
