Chancey v. Shirah

It is strongly contended that the evidence, being circumstantial, and being in conflict with the direct testimony of the driver of the defendant’s truck, is insufficient to support the verdict on the general grounds, as the plaintiff has failed to show that the truck by which he was injured belonged to the defendant. The rule to be applied by the appellate court in testing whether or not circumstantial evidence offered in the trial court is insufficient as a matter of law to support a verdict on some particular issue in the case is as follows: “When the party upon whom the burden of an issue…