Thomas v. Barnett

I cannot agree that Thomas was guilty of any negligence which was a contributing cause to the accident. Indeed, after reading the reasons for judgment of the district court, the opinion of the Court of Appeal (see 116 So.2d 330) and the majority opinion herein, I am constrained to the view that a new theory of the law of contributory negligence has been injected into our jurisprudence.

The district judge, the Court of Appeal and this Court all find that Barnett was guilty of primary negligence in making a left-hand turn over the passing lane of the highway at a time when he knew or should have…