Blakesley v. Standard Oil Co.

I concur in the conclusion that a new trial must be ordered, because I think theipeculiar condition of the record indicates that substantial justice will best be accomplished by a retrial which will not be complicated by the injection of an issue upon which there is no evidence. I do not agree that, as a matter of law, there is no evidence of negligence on the part of the defendant, or that, as a matter of law, plaintiff is chargeable with contributory negligence. I think there is competent evidence that the truck body was left *322in the street, and that the plats and maps put in evidence do not…