Badela v. Karpowich

The plaintiff recovered a judgment for damages for personal injuries sustained while he was a passenger in an automobile which was owned and operated by the defendant and which collided with a tree. The court concluded that the plaintiff had sustained his burden of proving that the collision was caused by the defendant's negligence in failing to have the car under proper and reasonable control. The basic ground of appeal is that the court's conclusion is unsupported by the subordinate facts of the finding.