Beach v. . Patton

The only allegation of negligence against the defendant Riddick was that his car was left parked for some fifteen minutes on a damp, dark night on a much-used highway after it had been engaged in a collision. Assuming, but not deciding, that the defendant Riddick was negligent in so leaving bis car parked on tbe highway, there is no evidence that such negligence was the proximate cause of the death of plaintiff's intestate, and the establishment of the fact that the negligence of the defendant was the proximate cause of the death of the intestate is just as essential to the plaintiff’s cause…