Kesten v. Einhorn & Singer Development Corp.

Martin, J. (dissenting).

The trial justice submitted the case to the jury on several theories, in effect holding that the defendant was liable if it failed to show that it had not caused the accident.

The court charged the jury as follows: “ The defendant, as I have stated, not knowing how the accident happened, and not being in a position to offer witnesses, simply contends that the plaintiff’s version as to how the accident must have happened is unreasonable, improbable, and that, therefore, the defendant should not be held hable. It is one of those cases which come under the head of the…