(DOWNLOAD) "Whitney v. Northwest Greyhound" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Whitney v. Northwest Greyhound
- Author : Supreme Court of Montana
- Release Date : January 15, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
1. Trial. Solution of conflicts in evidence is for jury under proper instructions. 2. Negligence ? Doctrine of Res Ipsa Loquitur. Under res ipsa loquitur doctrine, when instrumentality which causes injury, without any fault of injured person, is under exclusive control of defendant at time of injury, and injury is such as in ordinary course of things does not occur if one having such control uses proper care, law infers negligence on part of one in control as cause of injury; and doctrine is especially applicable when there exists relationship of passenger and carrier and applies to carriers by bus where injury results from overturning of bus. 3. Negligence ? Res Ipsa Loquitur ? Alleging specific acts of negligence. Where res ipsa loquitur is otherwise applicable, plaintiff does not lose benefit of that presumption by alleging specific acts of negligence of defendant carrier, which he fails to prove, or by introducing evidence tending to show specific acts of negligence which caused accident resulting in injury to plaintiff, if, at close of evidence, cause does not clearly appear or there is dispute as to what it was. 4. Carriers ? Presumption of negligence ? Error in instructions. In passengers action against carrier for damage sustained when bus overturned while attempting to pass truck, trial court erred in instructing that defendant was presumed to have fulfilled and performed all of obligations and duties resting upon it, since usual presumption that person has used ordinary care was overcome by fact of overturning of bus, which fact raised inference or presumption of negligence in its operation, because in ordinary course of events a bus does not overturn if person in charge of its operation uses proper care. 5. Trial ? Failure to object to instruction, effect of. The failure to object to instructions placing burden of proof upon plaintiff to establish the material allegations of the complaint did - Page 529 not preclude the plaintiff from relying on doctrine of res ipsa loquitur. 6. Carriers ? Doctrine of Res Ipsa Loquitur goes to proof rather than pleading. The doctrine of res ipsa loquitur is one that goes to matter of proof rather than pleading. 7. Trial ? Failure to offer Res Ipsa Loquitur instruction, effect of. The failure of plaintiff to offer instruction embracing doctrine of res ipsa loquitur would not operate as waiver of her right to object to instruction in conflict with doctrine where facts showed doctrine to be applicable. 8. Carriers ? Plaintiff could rely on Doctrine of Res Ipsa Loquitur. In a passengers action against carrier for damage allegedly sustained when bus overturned while attempting to pass a truck, plaintiff was not precluded from relying on doctrine of res ipsa loquitur by some evidence tending to show collision with truck over which defendant had no control.
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