Delaware Coach Co. v. Savage
United States District Court for the District of Delaware
81 F. Supp. 293 (1948)
Relevant factsFree
A trolley owned by Delaware Coach (plaintiff) collided with a truck owned by Savage (defendant), killing the trolley driver; witnesses for each side gave directly conflicting but equally credible testimony about which vehicle had the green light and thus the right of way, and the trial judge found the trolley company failed to prove its negligence case by a preponderance of the evidence.
IssueFree
Whether, although the burden of producing evidence may shift from one party to the other at various stages of a trial, the plaintiff always retains the burden of proving their case by a preponderance of the evidence.