Callander and Stone v. Brown

WINSLOW, J. (Pro tempore)

Dissenting.

I regret that I am unable to agree with my brethren. I shall not attempt to detract in any degree from the statement of facts stated in the opinion of the court. I shall add a few minor details.

The Allen truck was a three-ton, 1933 model, Pierce-Arrow, loaded with gravel and cement. There was substantial evidence that as it approached the intersection it picked up speed for the hill, and that, in its attempt to pick up speed, it made sufficient noise that one witness could hear it who was at least six hundred feet away.

The testimony of Mrs. Stone set forth…