Mahlon Pitney

“ Whether the defendant introduces evidence or not, the plaintiff in this case will not be entitled to a verdict unless he satisfies the jury by the preponderance of the evidence that his injuries were caused by a defect in the elevator, attributable to the defendant's negligence. The law attaches no special weight as proof to the fact of an accident, but simply holds it to be sufficient for the consideration of the jury, even in the absence of any additional evidence.'
2. ”

“ The general rule in actions of negligence is that the mere proof of an 'accident' (using the word in the loose and popular sense) does not raise any presumption of negligence; but in the application of this rule, it is recognized that there is a class of cases where the circumstances of the occurrence that has caused the injury are of a character to give ground for a reasonable inference that if due care had been employed by the party charged with care in the premises, the thing that happened amiss would not have happened. ”

“ Grey it was the front part of the body that was exposed to the X-ray; that about two weeks after her fourth visit to the defendant, finding that her back was burned and the injury developing, she returned to him and informed him of it; that he was the first physician who saw the burn, and he treated it from that time for two or three weeks; that since then, although treated by other physicians and in hospitals, the injury has not been cured, in consequence of which the plaintiff had not been able to work; that the injury is an X-ray burn, and caused and continues to cause much suffering. ”

“ Double Shoals Cotton Mills, 140 N. C. 115, 120, 1 L.R.A. (N.S.) 298, 301, 52 S. E. 121. In the Stewart Case the court said (138 N. C. 66) : 'The rule of res ipsa loquitur does not relieve the plaintiff of the burden of showing negligence, nor does it raise any presumption in his favor. ”