Carter v. Moberly

I most respectfully dissent because, in my opinion, the offered testimony of previous instances of unsafe passing of vehicles by the Jeep driven by defendant Moberly was clearly relevant and admissible on the issue whether, at the time of the subsequent accident, he .pulled out from behind the Frisk car and trailer, after following behind it for some distance, and crossed the center line into the path of plaintiff’s truck.

The majority say that “[t]he crucial factual issue at trial was whether the plaintiff’s truck or the Frisk trailer was on the wrong side of the center line.” This may have…