observing that "proof by direct or circumstantial evidence is sufficient to constitute a preponderance, when, taking the evidence as a whole, such proof shows that the fact or causation sought to be proved is more probable than not"
How later courts described this case
- observing that "proof by direct or circumstantial evidence is sufficient to constitute a preponderance, when, taking the evidence as a whole, such proof shows that the fact or causation sought to be proved is more probable than not"
- observing that a tort victim has the burden of proving by a preponderance of the evidence the damages caused by the defendant's fault
- “[T]he appellate court may affirm on grounds different than those argued before or relied upon by the lower court.”
- tort victim diagnosed permanently disabled by treating physician due to tort-caused condition entitled to lost future earnings, although lost earnings shown only by lay testimony
Written by the judges who cited it.
The opinion
DIXON, Justice
(concurring):
Although the opinion and the judgment reached are correct, the law teaching portion leaves a sense of unfulfilled expectation. Instead of clarifying the meaning of *1017 “preponderance of the evidence,” we say that it occurs when the “proof shows that the fact * * * sought to be-proved is more probable than not.”
Webster’s Seventh New Collegiate Dictionary, G. & C. Mcrriam Company, shows:
probability \,prab-o-‘bil-3t-e\ n 1: the quality or state oí being probable 2 : something probable 3 : a mathematical basis for prediction that for an exhaustive set of outcomes is the ratio of the outcomes that would produce a given event to the total number of possible outcomes 4 : a logical relation between statements such that evidence confirming one confirms the other to some degree prob*a»ble \'prab-(a-)boi\ ad) [ME, fr. MF, fr. L probabllis, fr. probare to test, approve, prove — more at prove3 1: supported by evidence strong enough to establish presumption but not proof <a ~ hypothesis) 2 : establishing a probability <~ evidence) 3 : likely to be or become true or real (— events) — prob*ft*bly \'práb-(3-)blé. 'prab-le\ adv syn probable, possible, likely mean such aa may be or may become true or actual, probable applies to what is supported by evidence that is strong but not conclusive; possible applies to what lies within the known limits of performance, attainment, nature, or mode of existence of a thing or person regardless of the chances for or against its actuality; likely differs from probable in implying cither more superficial or more general grounds for judgment or
What have we said ?