MacKey v. Spradlin

I dissent from the opinion because I believe it sets forth principles on the subjects hereinafter discussed which are *39so contrary to the established law that trial courts and members of the bar will be confused as to what the law is, or how this Court will react in the future, when these subjects come up for a determination.

Although the driver of the dump truck testified he was traveling at a speed of five miles per hour, and there is no rebutting evidence on this point, the opinion asserts there was an “inference” he was proceeding at an excessive rate of speed because “the best efforts of…