Drahmann's Administratrix v. Brink's Administratrix

I cannot agree with the majority opinion and as it will have a far-reaching effect, I feel constrained to dissent. It is elementary that negligence cannot be presumed and must be proved. The fact that the conditions and circumstances surrounding an accident make it difficult, or at times even impossible, to prove negligence, does not in the least abrogate this rule.

Under the uncontroverted facts in the record, the cause of this fatal crash, or whose negligence, if anybody’s, was responsible for it, is left purely to surmise and guesswork. It could have been caused by a latent defect in the…