Babington v. Burris

In my opinion, the trial judge was justified in finding from the evidence, as he did, that young Burris was driving the automobile at the time of the fatal accident and that the driver of the car was guilty of negligence in driving at an excessive rate of speed. However, I agree with what is said in the opinion to the effect that more proof could have been offered to identify the driver of the car at the several places where these young men were seen during the night before the accident, particularly in view of the fact that it appears that it would be a simple matter to prove who was the…