Dismuke v. Miller

WILLIAMS, Vice Chief Justice

(dissenting) .

I am unable to concur in the majority opinion in this case.

It appears to me that up to this moment, counsel for plaintiff in the trial court has succeeded in diverting the attention of the trial court at the hearing upon his request for a new trial and the attention of this court from the issues at law involved at that time in the trial court and here.

In the last portion of instruction number 13 it is noted that the court told the jury:

“In this connection you are instructed that if you find that the third party is guilty of such intervening negligence…