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Livros Livros 1 - 10 de 13 sobre The rule of res ipsa loquitur does not relieve the plaintiff of the burden of showing....
" The rule of res ipsa loquitur does not relieve the plaintiff of the burden of showing negligence, nor does it raise any presumption in his favor. Whether the defendant introduces evidence or not, the plaintiff in this case will not be entitled to a verdict... "
A Lecture on the Law of Representations in Marine Insurance: With Notes and ... - Página 112
de John Duer - 1844 - 239 páginas
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Reports of Cases, Determined at Nisi Prius, in the Courts of King's Bench ...

Great Britain. Court of King's Bench, William Moody, Sir Benjamin Heath Malkin - 1831 - 584 páginas
...was going with a light cargo, although declared fit for a full one. LORD TENTERDEN CJ, in summing up, said; I think the defendant in this case will not...which the Andromache was to carry. If he does so, the plaintiff'cannot recover: but the mere fact of a misrepresentation, without fraud, will not be enough...
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A Treatise on the Law of Marine Insurance and Average: With ..., Volume 1

Sir Joseph Arnould - 1849
...defence. Lord Tenterden, without in terms adverting to the distinction thus taken, said to the jury, " I think the defendant in this case will not be entitled...there was a fraudulent misrepresentation of the cargo the ship was to carry. If he does so, the plaintiff cannot recover: but the mere fact of a misrepresentation,...
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A Treatise on the Law of Marine Insurance and Average: With ..., Volume 1

Sir Joseph Arnould - 1850
...the dis- observations of action thus taken, said to the jury, " I think the defendant *££ Temei> this case will not be entitled to a verdict, unless he satisfy e jury that there was a. fraudulent misrepresentation of the rgo the ship was to carry. If he does...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 22

Great Britain. Bail Court - 1872
...going with a light cargo, although declared fit for a full one. Lord TENTERDEN, CJ, in summing up, said; I think the defendant in this case will not...the plaintiff cannot recover : but the mere fact of a misrepresentation, without fraud, will not be enough to prevent the plaintiff's recovering; for the...
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The Revised Reports: Being a Republication of Such Cases in the ..., Volume 31

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead - 1897
...going with a light cargo, although declared fit for a full one. LORD TENTERDEN, Ch. J., in summing up, said : I think the defendant in this case will not...the plaintiff cannot recover : but the mere fact of a misrepresentation, without fraud, will not be enough to prevent the plaintiff's recovering; for the...
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A Selection of Cases on Insurance

Eugene Wambaugh - 1902 - 1197 páginas
...occurred and a statement as to facts that are to happen hereafter. Lord TENTERDEN, CJ, in summing up, said : " I think the defendant in this case will not...the plaintiff cannot recover ; but the mere fact of a misrepresentation, without fraud, will not be enough to prevent the plaintiff's recovering; for the...
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Handbook of the Law of Insurance

William Reynolds Vance - 1904 - 683 páginas
...action on the policy the defense was the alleged misrepresentation. In summing up, Lord Tenterden, CJ, said: "I think the defendant in this case will not...the plaintiff cannot recover; but the mere fact of a misrepresentation, without fraud, will not be enough to prevent the plaintiff's recovering, for the...
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A Selection of Cases on the Law of Torts, Volume 2

James Barr Ames, Jeremiah Smith - 1909
...raise any presumption in his favor. Whether the defendant introduces evidence or not, the plaintiff in this case will not be entitled to a verdict unless he satisfies the jury by the preponderance of the evidence that his injuries were caused by a defect in...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 228

United States. Supreme Court - 1913
...raise any presumption in his favor. Whether the defendant introduces evidence or not, the plaintiff in this case will not be entitled to a verdict unless he satisfies the jury by the preponderance of the evidence that his injuries were caused by a defect in...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 228

United States. Supreme Court - 1913
...raise any presumption in bis favor. Whether the defendant introduces evidence or not, the plaintiff in this case will not be entitled to a verdict unless he satisfies the jury by the preponderance of the evidence that his injuries were caused by a defect in...
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