Retty v. Troy

MAXWELL, OLIVER C., Associate Judge

(dissenting).

I must respectfully dissent from the majority opinion.

This was an ordinary intersection negligence case, where both drivers lived in the vicinity of the intersection; were familiar with the intersection; where both cars were clearly visible to each other across a vacant lot; where both drivers saw, or should have seen, the other and proceeded to a collision. The giving of the “unavoidable accident” instruction under these circum*574stances, in my opinion, could only confuse the jury and was prejudicial error. -The cause should be reversed on…