Davison v. Williams

Dissenting Opinion

Faulconer, J.

— I would reverse this cause for the giving by the trial court of Plaintiff-appellee’s tendered instructions numbered 5 and 6 which, under the facts and circumstances of this case, was error in my opinion. My reasons are set forth later in this opinion. I first point out however that the majority opinion’s reference to a defense of justification, and its summary disposal thereof, is not an issue on this appeal. Evidence concerning Defendant-appellant’s brakes being re*411paired, in good working order, etc., was admitted without objection by Plaintiff-appellee and…