District Court of Appeal of Florida
104 So.2d 785 (1958)
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
Holding and Reasoning (Allen, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 223,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.