Dozart v. F. Strauss Sons

I have carefully studied the record in this case and reluctantly dissent from the finding of fact of the majority on the paramount questions of negligence and preponderance of proof. I am not convinced that the accident happened in the manner testified to by plaintiff. The burden was on him to establish his case by a clear preponderance of the testimony. I am more nearly convinced that the collision occurred in the manner contended for by defendant. Surely that contention of the two is the more strongly supported by the laws of physics and the common experience of persons who operate, or…