Parker v. Womack

I dissent. The instruction on -unavoidable accident should not have been given and the order granting a new trial should be affirmed on that ground.

The majority opinion states that, with relation to the evidence introduced in this ease, an instruction on unavoidable accident is not improper because “the defense of unavoidable accident has not been limited to cases where the defendant relies upon evidence of a proximate cause beyond his control”; that “an accident is inevitable or unavoidable when it is not proximately caused by negligence.” This argument proves too much. If an instruction on…