Davidson v. Hicks

The parties have stipulated that witnesses, if called, would testify that in some unexplained way, the defendant’s motor vehicle, which had been parked in a driveway in the early morning of December 27, 1959, crashed into the plaintiffs’ house and caused $1,435 damage. The driveway has a ‘ ‘ slight incline ’ ’ to the street, which in turn inclines downward toward the plaintiffs’ house. The stipulation recites that the defendant would testify that: ‘ ‘ He neither saw nor heard anyone at or near the car, and was unaware that it was not in the place in which he had parked it until he was…