Employers Mutual Casualty Company v. Hart

(dissenting) :

In my opinion, the majority view in this case is incorrect. The decision of the majority contains the following statement:

“We have carefully examined Mr. Hart’s deposition, and his testimony at the trial, including his explanation for the conflicts between the two, and we cannot say that the trial court erred in accepting the latter as the truth. * * * we have weighed all of the evidence pertinent to the issue of whether or not Kenneth Randol was driving the Corvair (at the time of the collision) with its owner’s permission, and cannot say that the trial court’s findings and…