Kimberly v. Reed

I do not think that the evidence authorized a finding that Mr. Kimberly was driving the automobile at the time of the injuries. Assuming for the sake of argument that the theory that Mr. Kimberly was driving is as reasonable as the theory that Mrs. Reed was driving, the rule as I understand it is that, “when the evidence tends equally to sustain either of two inconsistent propositions, neither of them can be said to have been established by legitimate proof. A verdict in favor of the party bound to maintain one of those propositions against the other is necessarily wrong.” See cases cited in…