Kinlaw v. Willetts

In order to escape nonsuit in a negligence case, a plaintiff must offer evidence either direct, circumstantial, or a combination of both, tending to show that the defendant failed to exercise that degree of care for the plaintiff’s safety which a reasonably prudent man under like circumstances would exercise when charged with a like duty; and that the defendant’s failure was the cause, or, under certain circumstances, one of the causes of the injury. The defendant’s failure may consist of a negligent act or acts; or of a negligent failure to act if under legal duty to do so. Tyson v. Ford,…