Swindell v. J. A. Tobin Construction Co.

I fully concur in the opinion by Judge Swofford and the concurring opinion of Judge Shangler. These remarks are made because of matters posited in the dissenting opinion of Judge Clark which first attempts to cast doubt upon the submissibility of appellant’s case.

The dissent says that there was no evidence that Clarkson or Tobin employees placed the [50 to 60 pound] rock on the barricade sign. All the facts in evidence point to a legitimate inference for the jury to apply, if it chose, that the defendants did cause the rock to be placed upon the sign. Those facts are these: Defendants, as…