Swain v. Gianone

In an action to recover damages for the wrongful death of plaintiff’s intestate, judgment in favor of the plaintiff for $10,357.89, unanimously affirmed, with costs. In our opinion, the verdict is supported by sufficient evidence. While the burden of proving defendants’ negligence and the proximate cause of the accident was on the plaintiff, those essential elements may be established by circumstantial as well as by direct evidence. It is enough to show facts and conditions from which the negligence of the defendants and the causation of the accident by that negligence may be reasonably…