City of Meridian v. Godwin

I respectfully dissent.

In my opinion the sole proximate cause of plaintiff’s injury was his own negligence, and there was no causal connection between the negligence, if any, of the City of Meridian and the injury to the plaintiff. A peremptory instruction for the City of Meridian should have been granted.

The plaintiff, Wallace Godwin, was a fifty-eight year old man. He had been working for the City of Meridian since 1933 as a sideman on a garbage truck. The truck to which he was assigned at the time of his injury was a 1958 model Chevrolet truck with the latest compression equipment…