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jury on 'astiun~ption of risk.
Ap~~lant further contends that the trial court erred in commenting on
the c~vidence in su~esting that the driver of the truck owned by the defendant,
Crosby 13uilders Supply Co. , had a right to make a left turn at the crossover
where the accident occurred.
The theory of negligence advanced by plaintiff to sustain a recovery
' against Crosby Builders Supply Co. required a finding by the jury that
Crosby's employee negligently permitted the end of the truck to protrude
into the left or inside lane of U. S. Highway 1. The comment by the trial
judge could have given the jury the impression that the employee-driver did
not act negligently by permitting part of his vehicle to remain in the inside
traffic lane prior to making the left turn. Thus, under these circumstances,
the comment by the trial judge was error. .
Accordingly, the final judgment is reversed and the cause remanded
for further proceedings consistent with the views herein expressed. ,
Reversed and remanded. ~
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- MAGER, J., concurs.
~ OW~N, C. J. , concurs in part; dissents in part.
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= ~ - ~ - 6~oK 220 ~E~.104
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