Please cite to the original publication
It is elementary in the law of torts that the onus of proving negligence lies upon him who alleges it. It is repeatedly declared that negligence will never be presumed. Even if there be a presumption to aid the plaintiff, he must still prove, by a preponderance of the evidence that defendant has been negligent. Some courts, however, regard the doctrine of res ipsa loquitur as symbolizing the principle of evidence which excepts certain situations from this general rule. Courts which deny that this amounts to an exception, regard a res ipsa case as merely describing a situation where the fact and nature of the injury itself "speaks," that is, affords proof of negligence, so as to relieve the plaintiff of the initial obligation to show negligence, or rather, perhaps, to discharge that obligation on his part.
Date of Authorship for this Version
Effect of Doctrine of Res Ipsa Loquitur (with F. E. Heckel), 22 Illinois Law Review 724 (1928)