State of Maryland v. Baltimore Transit Co.
United States Court of Appeals for the Fourth Circuit
329 F.2d 738 (1964)
Relevant factsFree
In a wrongful-death suit over a pedestrian killed by a company bus, witnesses gave sharply conflicting testimony on whether the decedent exercised due care or was contributorily negligent; Maryland (plaintiff) relied on the legal presumption that the decedent acted with due care, but the trial judge instructed the jury it could not give the presumption any weight given the conflicting evidence. The jury found for the bus company, and Maryland appealed.
IssueFree
Whether a jury may consider a presumption in favor of one party, even if the opposing party introduces inconclusive evidence to contradict the presumption.