Kligerman v. Rosenstein

An automobile owned by one defendant and operated by the other killed the deceased,, a woman, who was crossing a city street in the daytime. The driver did not see her until after she was struck, and there were no eyewitnesses of the accident. The court concluded that the plaintiff had failed to prove by a fair preponderance of the evidence that the defendants were guilty of any negligence alleged in the complaint which was a proximate cause of the injuries and death, and entered judgment for them. The principal question upon this appeal is whether upon the subordinate facts found the…