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McNulty v. Cusack

District Court of Appeal of Florida
104 So.2d 785 (1958)


Facts

Annie F. Cusack (plaintiff) sued F. Jerome McNulty (defendant) for damages arising from a car crash. At trial, Cusack produced evidence showing that she stopped her car for a red light, that McNulty failed to stop, and as a result he crashed into the rear of Cusack's car. The trial judge said this evidence was sufficient to establish a presumption of McNulty's negligence. McNulty offered no evidence to rebut this presumption, and the judge directed a verdict for Cusack. McNulty appealed to the District Court of Appeal of Florida. He contended that the evidence gave rise only to an inference of negligence, and that the jury should have been left to decide the verdict.

Rule of Law

Issue

Holding and Reasoning (Allen, C.J.)

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