Buffum v. Buffum

After instructing the jury that the only question before them was that of damages, the Presiding Justice went on to distinguish between the measure of damages in the event of a finding that the decedent “did not die as a direct result... of the accident” and the rule to be. applied in case of a finding that her death was so caused. He next referred to the burden of proof on the issue of damages and then said: “The claim being made that defendants were negligent here must be proven, and is proven if, upon all the evidence in the case you are satisfied that the probabilities favor the claim…