Baldwin v. State

Memorandum: We agree with the finding of the trial court that the claimant Gus Baldwin was contributorily negligent. However, in our view of it, the finding that the negligence of Gus Baldwin was the sole proximate cause of the accident is against the weight of the credible evidence. The trial court made no finding as to the conditions existing at the edge of the pavement and as to whether such condition was, in fact, such as to constitute negligence on the part of the State. All concur, except Taylor, P. J., and Piper, J., who dissent and vote for affirmance in the following memorandum: The…