Barlow v. Utah Light & Traction Co.

I dissent. Being unable to concur in the result reached in the prevailing opinion, I feel under the. necessity of stating my reasons.

The accident occurred at about 2 o’clock in the afternoon. At that time it was snowing. There were icy ruts 6 to 8 inches in depth in the street and which had been in the street for several days prior to the accident. Plaintiff was traveling north on the east side of Seventh East street driving a Chevrolet coupe in good condition, with chains on the wheels, efficient brakes, and automatic windshield wiper. The window on the driving or left side of the car was…