HORTON B/N/F NELSON v. Sater

Dissenting Opinion

Mote, P.J.

— The majority opinion and decision herein appears to be predicated upon alleged error of the trial court in the giving of appellee’s tendered Instructions Numbers 5, 8 and 20, which are as follows:

“Instruction No. 5. The defense of contributory negligence is an issue in this case.

“Instruction No. 8. The plaintiff was under a duty to give her driver a timely warning of any approaching danger *6which she saw or, in the exercise of reasonable care, should have seen when it appeared that her driver was unaware of such approaching danger.

“Instruction No. 20. The law of…