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P is crazy and was in Army during WWI – wants to prove was disabled by insanity from time was in Army through trial

H - Right to jury trial means that the jury is allowed to make a reasonable inference from facts proven in evidence – Π has large gaps in time which is too large of an inference for jury to make

RR death in the night - gash in back of head.  Could have been hit by mail hook on train, or killed by bum.

H - All evidence is circumstantial and consistent w/ 2 theories  jury to decide – not up to court to determine which of explanations is more plausible, so cannot DV

Π changing tire which exploded in face; Π thought it was one type of tire, yet the person who “rescued” the tire after explosion said was another type of tire which was defective

H - DV not proper in this case b/c no reason why jury should not be able to readily resolve the problem in dispute – whether evidence is authentic is a jury question.  P could have just forgotten b/c trauma of evidence – not unreasonable for jurors to think that