DELAWARE COACH CO. V. SAVAGE
81 F.Supp. 293 (1948)
NATURE OF THE CASE: This was a personal injury action.
FACTS: A trolley coach of P struck a truck. As a result of the collision, the driver of
the trolley coach was killed and his widow received compensation for his death. This suit
resulted from subrogation provisions for Workmen's compensation. The collision was a right
angle collision and happened at an intersection of two paved highways. The accident happened
in broad daylight and the weather was clear with the roadways in good condition and dry.
There were traffic lights governing the flow of traffic through the intersection. P produced
a number of disinterested witnesses who testified that the traffic lights were in favor of
the trolley. The defendants produced a number of disinterested witnesses to contradict that
testimony and offering that the lights were in their favor. The trial court ruled that the
evidence was in equipoise and that P had not sustained his burden and judgment must be
entered for D. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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