Porter v. Hofman

SEAWELL, J., Dissenting.

I dissent. The only question presented on this appeal is whether the driver of an automobile is liable in damages to a guest for injuries which were the proximate result of the acts of the driver losing control of the car by reason of turning almost completely in her seat to engage in conversation with guests occupying the rear seat while the car was descending a six per cent oiled road bed, twenty feet wide with graveled shoulders, wet from rain on a cloudy day, and traveling at the rate of approximately forty-five miles per hour, as found by the trial judge, with the warning that the car had skidded but a relatively short time before the accident happened. The trial court with all the facts before it held that the driver was guilty of wilful misconduct. There is substantial evidence in the record sustaining the findings of the trial court and the judgment, in my opinion, should not be disturbed.

Rehearing denied. Seawell, J., voted for a rehearing.