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Negligence - Res Ipsa Loquitur - Doctine Applied Although Damage Causing Instrumentality Within The Exclusive Control Of Defendant At The Time Of The Damage, Kenneth Laing Jr.
Negligence - Res Ipsa Loquitur - Doctine Applied Although Damage Causing Instrumentality Within The Exclusive Control Of Defendant At The Time Of The Damage, Kenneth Laing Jr.
Michigan Law Review
Seven months after defendant had installed a washbowl in a bathroom in plaintiff's house, the house was damaged by water when one of the pipes became disconnected from a faucet. During the two weeks immediately prior to the damage the house was unoccupied, but inspections were made every two or three days by plaintiff's employee. Plaintiff sued defendant to recover for the damage caused by defendant's alleged negligence in connecting the water pipe to the washbowl. In a trial to the court, the evidence tended to eliminate other possible causes of the disconnection, such as rough use or manufacturing fault. …
Evidence-Probative Value Of Inferences From Failure To Call A Witness, Cleaveland J. Rice S.Ed.
Evidence-Probative Value Of Inferences From Failure To Call A Witness, Cleaveland J. Rice S.Ed.
Michigan Law Review
lnsured sued to recover sickness benefits under an insurance policy. The defense was that the insured was not in good health when the policy was issued. The only evidence introduced by the defendant insurance company was plaintiff's refusal to consent to taking the deposition of an examining hospital physician. Defendant's request for a directed verdict on the issue of good health was refused. After being instructed that from the refusal to permit taking of the deposition they might "presume that such evidence . . . would operate against plaintiff and be against his interest in this suit," the jury returned …