Whisnant v. Whisnant

I concur in the rulings in Division 1 of the majority opinion and in the judgment reversing the overruling of the motion for a new trial.

I dissent from Division 2 of the majority opinion and from the judgment of the majority affirming the denial of the *604defendant’s motion for a judgment n.o.v. The cases cited by the majority in Division 2 are not applicable in this case. They all involve ordinary negligence and most if not all involve facts which would authorize a finding that the defendant claiming shelter on the emergency doctrine was himself the “author” of the emergency. Nearly all of them…