Bartosh v. Schlautman

I respectfully dissent from the majority opinion entered in this cause. I am in agreement with the statement of facts set forth in the majority opinion but not with the conclusions of fact and applicable law drawn therefrom.

The undisputed evidence shows that plaintiff’s tractor stalled on the highway due to a jamming of the gears; and that plaintiff lost no time in attempting to make repairs. Under such circumstances no negligence could be attributed to him due to stopping on the highway. The primary issue in this case as shown by the pleadings and the evidence was the question of visibility…