Saxby v. Cadigen

Question 6 of the special verdict reads

as follows: “Did the defendant Gilbert C. Klokow fail to exercise the skill and judgment he possessed in the management and control of his car?” The jury answered this question “No.”

The appellant first complains of the following instruction given by the court in connection with that question:

“The mere fact that an accident happened creates no presumption of negligence of anybody. Therefore, the burden of proof to establish negligence, or any other essential fact in this case, rests upon the one who asserts or claims such fact to be true, and who asserts…