Moore v. Jacobsen

MR. CHIEF JUSTICE ADAIR:

(dissenting).

A number of important facts apparently overlooked in the majority opinion appear to me to call for a reversal of the judgment and to entitle the defendants to both a rehearing and a new trial in this case.

The testimony of the plaintiff and the witnesses produced by him clearly discloses that plaintiff was guilty of negligence con*350stituting a proximate and contributing cause of his injury which, under the law, bars recovery.

Plaintiff’s Evidence. In part, the testimony of plaintiff and his witnesses was to the following effect.

The plaintiff Tom Moore and one…