Delaware Coach Co. v. Savage
United States District Court for the District of Delaware
81 F. Supp. 293 (1948)
A trolley owned by Delaware Coach Company (plaintiff) collided at an intersection with a truck owned by Savage (defendant). The collision killed the trolley driver. The trolley company sued Savage for negligence to recover the compensation the company paid the driver's widow. Witnesses for the trolley company testified that green lights gave the trolley the right to be in the intersection but not the truck. Witnesses for Savage said that the green lights were in favor of the truck, not the trolley. Given the credible but conflicting nature of the testimony, the judge found the trolley company failed to carry its burden of proving its case by a preponderance of the evidence. The United States District Court for the District of Delaware heard the case on appeal.
Rule of Law
Holding and Reasoning (Rodney, J.)
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