Coleman v. Byrnes

I respectfully dissent from the majority in this cause.

It seems to me the jury should have been allowed to decide whether a sudden emergency arose. If it did not, there was evidence of negligence. It is clear enough that the truck driver could not reasonably have been expected to see the boys before the plaintiff emerged from behind the huge garbage truck. But the proof is not clear that he suddenly came out immediately behind the garbage truck and headed athwart the path of the defendant’s track. The truck driver so testified, and neither the plaintiff nor any of his witnesses stated…