Rachlis v. Greer

I cannot agree with my colleagues in their decision that charge No. 5 of plaintiff should have been given to the jury. That charge says that if the jury found that defendant “was guilty of any one or more of the negligent acts alleged in plaintiff’s petition,” the verdict must be for the plaintiff. This is not the law. The defendant cannot be responsible for an act alleged to be negligence unless the doing of that act amounts to negligence in law. It is possible for a plaintiff to allege that the doing of many things amounts to negligence, but just because the plaintiff says it is negligence…