DiPietro v. Lavigne

The main issue here is whether there is evidence in the record before us to support a plaintiff’s verdict. This presents a problem which must be treated under our practice as one of law but which actually involves a difficult and troublesome question of fact. As is so often true, the legal test here is the simple one of deciding whether reasonable men could find in this case that the defendants’ negligence caused or helped to cause this accident. The difficulty comes in applying this principle to the comparatively meager facts which t.he record discloses. It does not appear whether the driver…