Dahlquist v. Canal Insurance Co.

I concur in most of the conclusions reached by my colleagues, but I cannot agree with their holding that the driver of the bus was negligent. In my opinion the majority has erred both as to the facts and as to the law.

In the first place, I think the evidence shows that the bus was completely off the paved portion of the highway and that the automobile was at least partially on the north shoulder of the highway when the collision occurred. The driver of the bus and all four passengers who appeared at the trial testified positively that the bus was entirely on the north shoulder of the road…