63. Negligence of the claimant.

63.     Negligence of the claimant.

It is for the claimant to prove on the balance of probabilities facts from which the proper inference is that the injury complained of was the result of the defendant's negligence1. If the claimant only establishes facts which are equally consistent with the accident being the result of his own or the defendant's negligence, he cannot succeed2. He cannot recover when the cause of the damage is left in doubt or is attributable with equal reason to some cause other than the defendant's negligence3. However, if negligence on the defendant's part which