Wabeke v. Bull

Negligence must be affirmatively proved (Sward v. Megan,284 Mich. 421; Pulford v. Mouw, 279 Mich. 376; Fleegar v. ConsumersPower Co., 262 Mich. 537), and the burden of such proof rests upon the party alleging it. Shadduck v. Railway Co., 179 Mich. 433.

In his opinion, Justice BUSHNELL considers a new trial necessary because of an alleged dispute of fact as to whether or not the electric cord was attached to the electric heating pad under the baby when the latter was examined by the defendant, which cord, if attached, would give rise to the question of whether or not defendant was guilty of a…