McNeely v. English

DISSENTING OPINION

Martin, J.

I cannot agree with the majority opinion.

The facts found by the trial court, under its special finding of facts, were that the work of the appellees during the period of time they worked for the defendant was composed of repair work for large interstate freight carriers and that during the time the appellees worked for the defendant they each spent from one-third of their time each week to one-half of their time each week doing repair work on trailers bearing Interstate Commerce plates and belonging to interstate freight carriers.

The evidence clearly supports the…