Barnett v. State Automobile & Casualty Underwriters

It is appreciated that this case is not without difficulty. Nevertheless, I believe that there was a sufficient foundation in the evidence to justify submitting the matter to the jury on the basis of the instruction, which is fairly and properly set forth in the next to the last paragraph of the main opinion.1 It will be seen therefrom that the trial court carefully set forth the prerequisites to finding responsibility upon the defendant. Inasmuch as both parties have had a full and fair opportunity to present their evidence and their contentions, and the jury has so found the facts, and the…