Beatty v. General Accident Fire Life & Accident Assurance Corp.

(dissenting) :

I cannot agree with the majority opinion and the judgment of the trial court that the plaintiff Thomas W. Beatty was entirely without fault and that the sole cause of the accident was the negligence of the truck driver, Jessie Daigle. I therefore respectfully dissent.

Reference has been made in the majority opinion to the motive of Beatty and his wife in their attempt to establish his negligence. It is hard not to be influenced against Mr. Beatty because of the suspicion of bad faith indicated by his apparent motive. This is an anomalous situation where testimony against himself…