Fiedler v. Kapsa

When material incidents pointing to responsibility for a collision between two vehicles are so veiled by reason of the death of one of the drivers that no evidence of any persuasive character on the part of the representative of the deceased can be found, then in the nature of things the case must be dismissed for lack of evidence.

Although the general experience of mankind hardly warrants the presumption that either of two actors in a negligence case was acting under a stronger desire to continue to live than the other was or that a deceased was naturally of a more careful disposition than a…