Bixenman v. Hall

CONCURRING OPINION

Smith, J.

I concur in the result reached in the opinion of Judge Bierly in this case. However, I feel that there are some issues raised which have not been clearly and succinctly discussed and answered in the opinion.

I will not belabor this opinion with a recital of the facts and the issues for the reason that the opinion written by Judge Bierly has covered them completely and correctly.

As discussed in Judge Bierly’s opinion, the appellant has combined his various specifications of alleged errors into two groups; the first is concerned with the doctrine of last clear chance,…