Flemming v. Burks

Eudora Hinton alone appeals from a judgment after a bench trial against Theodore Burks (who was defaulted for failure to appear), Eudora Hinton and Clarence Hinton awarding plaintiff compensation for damage to his parked automobile. Defendant Eudora Hinton contends that the plaintiff failed to meet his burden of proof and that she, in fact, established that the damage was caused by the negligence of Burks.

The report of proceedings presented to this court is a nonverbatim reconstruction of the testimony. According to it the testimony was as follows: Defendant testified that while driving her…