Devoto v. United Auto Transportation Co.

Holcomb, J.

(dissenting) — Although I joined in the opinion of the Department, and still concur in that opinion as to the joinder *708of parties, I am now convinced that the opinion is erroneous as to the instruction condemned. In my opinion, the instruction condemned follows the statutes of this state, is correct as a matter of law and justice, and should be approved. Ultimately it will be.

The verdict and judgment should therefore be affirmed.