Tillman v. Zumwalt

(dissenting). — I respectfully dissent from the principal opinion prepared by the Chief Justice. Inasmuch as I still have the views of this case which were expressed in the opinion of Commissioner Lozier, prepared for Division One, I therefore adopt and file herein as my dissent, the following portion of that opinion:

From plaintiff’s evidence it appears that: both plaintiff and defendant lived in Joplin, Mo.; they had been friends for three years and had “dated” during that time; plaintiff had invited defendant to a Valentine party at Baxter Springs on the night of February 15, 1948;…