The opinion
DENMAN, Chief Judge.
I dissent. The court’s opinion accepts as persuasive evidence of an admission of fault that Bailey said, “Well, my brakes didn’t hold,” or “I couldn’t help it.”
1 dissent from establishing in the law of evidence for this circuit the probative value of such an “either-or” alternative. It is elementary that the adjudicating body cannot treat either alternative as proved.
However, even if both statements are proved, each is consistent with Bailey’s statement that the Fotopulos car turned to its left across the army car. In such a *641 situation one’s brakes well could not “hold” efficiently for the quick stop required of Bailey’s car and also because of the fault of the crossing car he “could not help” colliding with it.
In the absence of any admission of fault on Bailey’s part, all the remaining evidence is consistent with the conclusion that Fotopulos’ car contributed negligently to the collision.
The judgment should be reversed.