HUNTER CONSTRUCTION COMPANY v. Watson

JOHNSON, Vice Chief Justice

(dissenting).

I cannot concur in the majority opinion. The plaintiff, inter alia, alleged that deceased was in the employ of the defendant, The Hunter Construction Company, and at the time of his death was engaged in operating an Adams Diesel 610 Motor Grader with cab attached; that said motor patrol grader was top heavy and unsuitable for cutting slope or working on grades; that where there was danger of the machine overturning, that is, when such machine was being used on steep grades and fills, or construction work, a usage and custom required the removal of the…