Sullivan v. Capital Traction Co.

Citations

• 34 App. D.C. 358
• 1910 U.S. App. LEXIS 5813

Syllabus

<p>Instructions to- Jury; Evidence; Burden of Proof; Weight of Evidence; Carriers; Negligence; Bes Ipsa Loquitur; Witnesses; Trial. .......</p> <p>1. It is not error for the trial court to refuse a special instruction to the jury, where its material parts are embraced in another instruction it has granted, and which contains a proper statement of the law.</p> <p>2. It is not error for the trial court to refuse special instructions to the jury asked by the plaintiff, which relate to a single circumstance in evidence and seek to establish negligence on the part of the defendant therefrom. ‘(Following Davis v. Doblens, 12 App.'1 D.' C. 51; Wallace v. United. States, 18 App. D. C. 152; Bradford v. National Ben. Asso. 26 App. D. C. 268; Turner v. American Secur. & T. Co. ■' 29 App. D.'C.'460.) ' ' ’ ' ■ •'</p> <p>3. The burden of proof and the'weight of evidence are two very different things. The .burden of proof remains on the party affirming a fact in support of his ‘case, and it is not changed- in any aspect of the cause; the weight of evidence shifts from 'side to side in the progress of the trial according to the nature and strength of the proofs offered in' support or denial of the main fact or facts to be considered.</p> <p>4. In an action by a passenger against a carrier, where the plaintiff alleges in his declaration the specific facts upon which he relies to establish the negligence of the defendant,—thus showing that they are within his knowledge,—the burden is upon him to establish negligence as the basis for recovery; and he does not make out a prima facie ease calling for rebuttal or explanation by the defendant, by merely proving that he was a passenger and the occurrence of the accident by which he was injured. (Following Jaquette v. Capital Traction Co. ante, 41.)</p> <p>5. The doctrine of res ipsa loquitur applies in an action against a carrier, by a passenger, only where the accident occurred in some manner which, cannot be proved by the plaintiff,—the