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LOONEY V. METROPOLITAN R. CO., 200 U. S. 480 (1906)
U.S. Supreme Court
Looney v. Metropolitan R. Co., 200 U.S. 480 (1906)
Looney v. Metropolitan Railroad Company
Argued December 14, 15, 1905
Decided February 19, 1906
200 U.S. 480
In an action for damages for personal injuries, while the defendant has the burden of proof of contributory negligence, the plaintiff must. establish the grounds of defendant's liability, and to hold a master responsible, a servant must show by substantive proof that the appliances furnished were defective and knowledge of the defect or some omission in regard thereto. Negligence of defendant will not be inferred from the mere fact that the injury occurred, or from the presumption of care on the part of the plaintiff. There is equally a presumption that the defendant performed his duty.
The facts are stated in the opinion.
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