Kealoha v. Tanaka

DISSENTING OPINION OP

LEWIS, J.,

WITH WHOM

CASSIDY, J., JOINS.

Defendant testified he had had three cans of beer after work, and shortly thereafter, while he was on his way home, the accident occurred. The principal question in the case was whether the defendant exercised due care in making a left turn into Kaimuki Avenue when he did.

With respect to contributory negligence, the evidence consisted in (1) the testimony of William DeBolt that he was traveling at 30 miles per hour when decedent passed him, together with his testimony as to the point he had' reached when deceased, ahead of him,…