McCann v. Reeder

(dissenting) — The record shows that nearly all of the accidents which had occurred during the preceding three years, before the accident in question happened, were accidents involving the Hamilton Auto Freight, Inc., of which Reeder had been a member, and in which he was not an actor in operating the machines.

At the conclusion of the evidence in this case, the trial judge, a careful and experienced trier of facts, asserted that there was an absolute lack of any suspicion that Reeder intentionally withheld anything from the company, and accordingly made the finding that there was no…