Roberts v. State

I concur with both the majority and Chief Justice Billings that the trial court’s instructions to the jury were insufficient and erroneous. Further, I agree with, and join in the dissenting opinion of the Chief Justice to the extent of his conclusion that, at least under the facts of this case, the plaintiffs failed to prove the existence of any duty on the part of the defendant State to maintain the traffic light for their benefit. I share his view that, on this basis, the court erred in refusing to grant defendant’s motion for a directed verdict.

*169Regardless of the above, I believe that the…