WI · jury_instructions
Wis JI-Civil 1026.5
Bailment: Negligence of Carrier Presumed
There is no dispute that (goods) were delivered to (carrier) in good condition and
were damaged while in (carrier)'s possession. The law provides that, from these facts, you
may presume that the damage to the goods was due to the negligence of (carrier). But there is
evidence in the case which may be believed by you that (carrier) was free from negligence
(or that, notwithstanding its negligence, the negligence did not contribute to the damage).
You must resolve the conflict. Unless (carrier) convinces you by the greater weight of the
credible evidence, to a reasonable certainty, that it is more probable that (carrier)was not
negligent, you must find (carrier) negligent.
History
Wis JI-Civil 1026.5 (2005). ©2005, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
99c413ebd3d790c199f9dc670de8c35874d550a3bd92e08938efb0c19f01bf70
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