Presumptions--Burden of Proof

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Response or Comment

Publication Date



The case of Gillett v. Michigan United Traction Co. (Michigan, April 3rd, 1919), 171 N. W. 536, arose out of the following facts: Plaintiff, driving a Ford car with the curtains down, turned from the curb at the side of the street where he had stopped, to cross the interurban car tracks which ran through the center of the street in the city of Marshall, and as he drove his machine upon the track was struck by an interurban car and seriously injured. The evidence established beyond question, negligence of the defendant, by showing that the car was, at the tithe, exceeding the lawful rate of speed. The only question of fact in dispute was whether plaintiff was negligent in such manner as to have contributed to his injury. The case was taken from the jury upon the ground that the plaintiff had failed to discharge his burden of proving himself free from such negligence. In view of the case as presented to the supreme court its affirmation was required. There are one or two paragraphs of the affirming opinion, however, which though in a sense obiter, may be considered worthy of note.

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