MCELWAIN v. MYERS

Negligence — Evidence — Circumstantial — Description of accident.

To prove actionable negligence by circumstantial evidence, the evidence must so describe, picture, or visualize what happened as to enable one fixed with the responsibility for ascertaining the facts to find that the defendant was a culpable party.

OPINION PER CURIAM, May 23, 1951:

A majority of the members of this Court who heard this case are of the opinion that the learned court below was correct in refusing to take off the nonsuit. The judgment is therefore affirmed on the opinion of President Judge CARR for the court en banc.

Judgment affirmed.