Swaner v. Utah Idaho Cent. R.

I am unable to agree with my associates for three reasons:(a) Where a jury must speculate as to the cause of an accident — where several things may have caused it — I do not think the point can be “guarded by proper instructions to the jury.” I think such a case should not be submitted to the jury.

*866(b) It is true that the defendant did not prove that the jerk in fact resulted from one of the other probable causes. But neither did plaintiff prove that the jerk in fact was occasioned by the acts of Mr. Clark, the train-master. Where the uncontradicted evidence discloses several things that might…