Arguments

 

Plaintiff's argument:

"In the absence of any direct evidence of a defendant's negligence, a court is entitled to draw inferences from the known circumstantial facts. In the present case, because of the alcohol in McFeeters' blood, and because the collision took place near the middle of the road, it must be conceded that McFeeters was partly to blame for his own death. But it can be reasonably inferred from the known facts that the unidentified driver was also negligent, and that this negligence contributed to McFeeters' death.

To draw such an inference, it is only necessary to show that it is more probable than not that the driver was negligent. On the known facts, such a probability is sufficiently established.

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