Richardson v. Patterson

Dissenting Opinion by

Mr. Justice Ladner:

I agree that the non-suit was correctly entered as to the husband defendant but I do not agree that a non-suit was properly entered with respect to the wife defendant.

To my mind where a motor vehicle crosses a dual highway separated by a center strip and crashes into another motor vehicle travelling on its correct side, the question of negligence is for the jury because whether the accident was unavoidable in this case due to an *502uncontrollable skid became a matter of defense. Tbe majority concedes that had tbe plaintiff merely proved that tbe collision…