Judd v. Sams

Judgment and order affirmed, with costs. Memorandum: The record discloses a question of fact. We cannot say that the verdict is against the weight of evidence. Assuming that the .rule of res ipsa loquitur applied, plaintiff’s request was property denied in the language requested. The rule itself is really a procedural one. The circumstances of the injury, unexplained, furnish merely some evidence to go to the jury. The rule does not relieve the plaintiff of the burden of showing negligence, nor does it, ordinarily, create a presumption in his favor. The defendant is, usually, under no…