Bush v. Barnett

Paterson, J., concurring.

— I concur in the judgment only, because I am not prepared to say the rule is uni*206versal that proof of injury in an-accident raises a presumption that it occurred through the negligence of the carrier. There are authorities which hold that “ each case must depend upon its own circumstances." (Madden v. O. & O. S. S. Co., 86 Cal. 448.)