Byrd v. Lord Brothers Contractors, Inc.

*427SCHWAB, pro tempore J.,

dissenting.

I cannot concur with, that portion of the majority opinion which holds that evidence that a group of boys was seen seven blocks away running in a direction away from the north end of the overpass, without anything further to connect them to the incident in question, was relevant and thus admissible.

The only conceivable purpose of this testimony was to influence the jury to believe that the piece of concrete which injured the plaintiff did not fall as a result of negligence on the part of the defendant, but, rather, was thrown by one of the boys seen running.

Th…