Christian v. Gates Rubber Co. Sales Division, Inc.

Dissenting Opinion

Sullivan, J.

I dissent from the majority opinion and its conclusion that the giving of appellee Gates Rubber Company’s Instructions No. 6 and No. 9 was harmless and that the jury was fully and fairly instructed.

A detailed resume of the facts of record in the cause below are deemed essential to a proper consideration of the legal issues. While this court clearly cannot weigh the evidence nor should it search the record to reverse, an understanding of the evidentiary facts is very necessary to a determination of whether certain instructions are within the scope of the issues…