Madron v. McCoy

GIVENS, C.J.,

dissenting — The statement, “White, driver of the brick truck, not having notice of McCoy’s intention to turn, and apparently endeavoring to avoid running into the stock truck, pulled to the left, avoided a rear end collision, and hit the side of the stock truck ‘about three feet from the rear end and scraped the full length along the side,’ ” if meant as a statement that White was not intending to pass, as distinguished from avoiding a rear end collision, is contrary to the statement of the plaintiff’s own witness Fuller:

“Q. According to the observation which you made there…