Page v. Spokane City Lines, Inc.

Quaere: In an action by a passenger against a carrier, does the omission of the bracketed words in the following instruction make it erroneous?

“ . . . if you are unable to determine from the evidence in the case [and the reasonable inferences therefrom] whose negligence, if any, was the proximate cause of the accident, then your verdict must be for the defendant.”

Answer: No.

*309Reasons: Inferences are conclusions drawn from the “evidence in the case,” or, as stated in Bouvier’s Law Dictionary (Rawle’s Third Revision, 1914) 1562, an inference is “A conclusion drawn by reason from premises…