White v. Cochrane

In my judgment it is not necessary for plaintiff to rest upon the rule of res ipsa loquitur. I do not agree, however, that plaintiff, riding in the back seat in the dark knew all the movements, delinquencies, and activities of the driver, nor do I think her testimony acquits the driver of negligence. The facts and circumstances disclosed by this record are sufficient to justify the jury in finding negligence. The fact should not be overlooked that defendant did not take the stand. He offered no evidence.

In my judgment, the facts, permissible inferences, speed, and all the circumstances were…