Powell v. Superior Portland Cement, Inc.

(dissenting) — I am unable to agree with either the opinion, to which I shall refer as the majority opinion, or the concurring opinion of Judge Blake, and I am especially opposed to the rule announced in the majority opinion and the overruling of our decisions, for the reason that I feel the conclusion reached in the majority opinion is contrary to the long-established rule in this state, which rule I believe to be supported by reason and the almost universal holdings of all other courts and text writers.

I may say at the outset that I have no fault to find with the rule announced in the…