Sanders v. Stotesbury

Dissenting Opinion by

Linn, J., Cunningham, J.,

CONCURRING:

While agreeing that the first assignment of error be sustained, I think the second should be overruled, and as the matter is of general importance, the reason for differing from the majority of the court may be stated.

In ascertaining whether there was contributory negligence, the jury was of course entitled to consider the speed of plaintiff’s car, giving such weight to the evidence on the subject and to the inferences to be made from the evidence, in its general deliberation to find the ultimate facts in issue, as it deemed necessary…