Simpson v. the Gray Line Co.

Plaintiff appeals from a judgment following a verdict for the defendant common carrier in an action for damages for personal injuries.

Plaintiff was a fare-paying passenger on a chartered bus when the right front tire blew out. The bus overturned and plaintiff sustained physical injuries.

The principal question arises out of an instruction. The trial court, instructing on the plaintiff’s theory of res ipsa loquitur, told the jury that there was an “inference” of negligence on the part of the defendant under the facts of the case. Plaintiff contends that the court should have used the word…