NEGLIGENCE-PROXIMATE CAUSE-PLAINTIFF'S BURDEN OF PROOF WHERE EITHER OF TWO WRONGFUL ACTS COULD HAVE CAUSED INJURY

While walking on a highway, A was knocked down by a car driven by B, and was almost immediately run over by C's car. A was pronounced dead from several injuries, any one of which would have sufficed to cause his death. Plaintiff, A's administratrix, recovered judgment against both B and C for A's death. Held, reversing on other grounds, joinder of B and C was proper.

Micelli v. Hirsch, (Ohio App. 1948) 83 N.E. (2d) 240.