Firth v. Briarton

Defendant appeals from a money judgment.

About dusk on an October day, 1924, plaintiff, walking on a public highway, was struck by an automobile coming from behind, fracturing both bones of her left leg about an inch above the ankle. There is no contention that the injury was not due solely to the driver’s negligence, nor is the amount of the verdict questioned. The sole controversy at the trial was whether defendant’s car or a car driven by some other person struck her. Plaintiff testified, and was corroborated by the automobilist who met her at the time she was hit and who stopped to pick…