Weaver v. Hoster

I cannot concur in the opinion of the Majority.

When the collision occurred, the automobile, in which plaintiff was occupying the driver’s seat, was not moving, but had stopped at the intersection’s traffic light, waiting for it to change from red to green.

The majority opinion recognizes that no negligence of plaintiff was an issue in the case, but it bases its decision to reverse the trial court’s order, sustaining plaintiff’s motion for a new trial, on its own conclusion that “There appears to be no misleading of the jury * * * ” in instructions of the trial judge that were worded as if…