What is the test for giving an instruction in a personal injury case that a plaintiff is entitled to a presumption of negligence?
California, United States of America
The following excerpt is from Brumley v. Barney O'Hern Trucking Co., 152 Cal.App.2d 514, 314 P.2d 200 (Cal. App. 1957):
Coming finally to the instruction complained of. The case of Gigliotti v. Nunes, 45 Cal.2d 85, 286 P.2d 809, settles the contention that it was error to give this instruction. For that case holds that a person is entitled to the presumption defined in the instruction notwithstanding the fact that other witnesses for the parties testified to alleged acts of negligence.
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