Western Casualty & Surety Co. v. Swort

I do not concur in the foregoing opinion for the reasons herein stated.

Most of the facts in this case are set forth in the majority opinion. However, I do feel that they are incomplete and contain one ambiguity wherein the majority opinion states:

“It appeared without contradiction that he (Swort) was driving a truck belonging to Kenyon for the purpose of delivering certain machinery and equipment to Missouri Gulch * * *.”

One might conclude from this statement that Swort was actually driving the truck at the time he was injured, and clearly Swort was not driving. The majority opinion in…