Michalec, Admr. v. Hutchison

This is an unusual case. Counsel for plaintiff in error frankly admit “that the plaintiff’s case is based largely upon circumstantial evidence.” Plaintiff below produced no eyewitness to the accident, save the defendant, who was called for the purpose of cross-examination. The only evidence offered that might give rise to an inference of actionable negligence on the part of the defendant was that of the witness Barbee, who testified that after the crash he saw a Buick sedan going southwardly at the rate of forty or fifty miles per hour. The defendant and Miss McG-owan both testified that the…