Cases Argued and Decided in the Supreme Court of Mississippi Volume 117

Cases Argued and Decided in the Supreme Court of Mississippi Volume 117

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...viewpoint that no duty rests upon the manufacturer and seller to dealers in favor of the purchaser and from the latter, with certain specified 117 Miss. Opinion of the court. exceptions. Bu-rkett v. Manufacturing Co., supra, Hasbrouck v. Armour 6% Co., supra; Cadillac Motor Ca. V. Johnson 221 Fed. 801, --, C. C. A.---; Lebo/urdiels v. Vii-rifield Wheel Co., 194 Mass 341, 80 N. E. 482.' Appellants invokes the doctrine of res ipsa loquitu-, and seems to overlook the fact that this doctrine does not shift the burden of proof. "VVhether the defendant introduces evidence or not, the plaintifl is not entitled to a verdict unless he satisfies the jury by the preponderance of the evidence that his injuries were attributable to the defendant's negligence." Stewart v. Carpet Co., 138 N. C. 66, 50 S. E. 562. In the absence of a contractual relation between the parties to this suit, the doctrine of res ipsa loqu-itur can have no bearing. We wish to call the court's attention to the ruling approved by this court in the unreported case on the docket of this court No. 17,765, entitled Hicks v. Meridian Coca Cola Bottling Company. The doctrine-of res ipsa loquitur always speaks as of the time of the facts shown. It has no retroactive effect. In this case the finding of the bone speaks as of the date it was found. It does not testify and has no probative force to show preexisting conditions or facts. No man can tell from the evidence when the bone became imbedded in the plug. It is clear, we submit, the trial court committed no error, hence the judgment must be afiirmed. ('-00K, P. J., delivered the opinion of the court. The appellant sued the Corr-Williams Tobacco Company, distributors, and R. J. Reynolds more

Product details

  • Paperback | 324 pages
  • 189 x 246 x 17mm | 581g
  • United States
  • English
  • black & white illustrations
  • 1236783883
  • 9781236783882