Davison v. Flowers

One of the chief contentions of counsel for defendant is that, since there was no proof of negligence in the discharge of the gun by defendant, the verdict of the jury can be sustained only by the application of the doctrine res ipsa loquitur, i. e., that mere proof of the injury raised a presumption of negligence which required explanation on the part of the defendant.

In the instant case we are not concerned with the application of that rule for two reasons: The court confined its charge to the issues of negligence and contributory negligence made by the pleadings and proof. Nowhere in its…