Foremost Dairies, Inc. v. McClung

DISSENTING OPINION

DIXON, Chief Justice.

I respectfully dissent. In our original opinion the only reason given for reversing the trial court’s judgment is the alleged error of the court in refusing to submit an issue on unavoidable accident. I am of the opinion that there is no evidence of unavoidable accident in this case.

On the occasion of the accident there were three milk route salesmen engaged in delivering milk to Minyard’s SuperMarket. Poovey knew that all three of them were on the premises. They were acquainted with each other. They follow the same general procedure in effecting their…