Hall v. Kendall

Felton and Townsend, JJ.,

dissenting. The burden of proving the affirmative defense was on the employer. The only evidence as to the speed of the truck was opinion evidence not based on facts which the triers of fact could evaluate for themselves, except that the skid marks were twenty feet long. Under the record in this case we do not think this court can or should say that as a matter of law the triers of fact erred in not accepting the opinion evidence on the issue involved. It cannot be ascertained from the majority opinion on what theory the decision is based. If it is based on the theory…