Teipel v. Hilsendegen

When one sues to recover damages for a negligent injury, the gravamen of his complaint is that he „has been damnified by the wrongful and negligent action of the defendant without having contributed thereto by negligent conduct of his own. The absence of contributory negligence is therefore a part of his casé, and it is quite proper to say that he should show that he acted with due care. Le Baron v. Joslin 41 Mich. 313. But this only requires of him that he should put in evidence the facts and circumstances attending the injury, and if these show negligent conduct in the defendant from which…