Dixon Ex Rel. Estate of Dixon v. Weir Fuel Co.

*86Brailsford, Justice

(concurring) :

I agree with Justice Littlejohn that the only reasonable inference from the evidence is that the Weir truck was in such close proximity to the point at which Roberts entered the highway that the latter was required by Section 46-424, Code of 1962, and by common prudence, to yield the right-of-way. His reckless breach of this duty, in the face of such an obvious hazard, was, inescapably, a proximate cause of the collision. I am also convinced that the only reasonable inference from the evidence is that Roberts and Dixon were under the influence of intoxicating liquor at the time, and that she, knoyving of his condition, was guilty of contributory negligence and recklessness in voluntarily riding with him. I, therefore, concur in the opinion of Justice Little-john.

Moss, C. J., concurs.