Dwyer v. Moss

I respectfully dissent. Plaintiff-respondent’s evidence was that the defendant’s vehicle ran off the road on defendant’s right side, hit the raised abutment of the culvert and bounced into the left side of plaintiff’s vehicle. The investigating officer, called as a witness for plaintiff, testified that the defendant said, “I came over that hill and I saw this man coming. I throwed on the brakes and I hit this culvert and it threw me around and I hit him.” Defendant’s testimony confirmed the fact that defendant ran off the road, hit the culvert and collided with plaintiff. De*647fendant excused…