Ruella v. MacCauley

The questions raised on this appeal are not new, nor are they difficult to determine. The defendant below (appellant here) ran his truck into the rear of a stationary motor vehicle, in which the plaintiff was seated. At the trial, the defendant admitted liability; thereby conceding that the collision occurred, his negligence caused it and the plaintiff had suffered some damage as a result thereof. Cf. Smith v. Dolan, 170 Md. 654, 657.

The appellant claims that the trial court did not adequately instruct the jury on the burden of proof upon the plaintiff as to his injuries, damages and losses;…