Whittington v. County Court of Jefferson County

I cannot concur. In the first place, the evidence is conflicting as to the height of the stone pile, and as to its exact location with reference to the traveled part of the road. All of the plaintiff’s witnesses place its height, prior to the accident, at from three to four feet at' the highest point. The height, two and one half feet, mentioned in the opinion, is the measurement given by the road surveyor, a witness for the defendant, made after the accident. The witnesses for the plaintiff say that the stone pile was pulled down by the lumbering of the horse over it and dragging it down…