This section contains the nature of the case and procedural background.

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.

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