Lancaster v. Lancaster

(Dissenting.)

I respectfully dissent from that part of the controlling opinion in this case which holds that there was a jury issue on the question whether the appellant, Bob Lancaster, was guilty of negligence which proximately contributed to appellee’s injury. My record as a member of this Court will show that I am a strict adherent to the principle that all issues of negligence are for the jury to determine, but where no negligence is shown there is nothing *551left for a jury to pass upon. The cases are legion where this Court has so held, but as precedent for this view it is unnecessary to go…