"the question of plaintiff's contributory negligence is so inextricably entwined with and dependent on the issue of defendants' negligence that it also was properly submitted to the jury"
How later courts described this case
- "the question of plaintiff's contributory negligence is so inextricably entwined with and dependent on the issue of defendants' negligence that it also was properly submitted to the jury"
Written by the judges who cited it.
The opinion
*31 DISSENTING OPINION OF
WIRTZ, J.,
WITH WHOM TSUKIYAMA, C. J., JOINS.
Were I able to conclude, as does the majority, that there was sufficient evidence for submission of the issue of contributory negligence to the jury, I could wholeheartedly agree with the remainder of the opinion of the majority in dealing with the other assigned errors as therein set forth. As it is, I must respectfully enter my dissent since I still hold to the conviction that, for the reasons set forth in the court’s original opinion, reported in 47 Haw. 309 , 388 P.2d 203 , the record in this case warrants and requires the finding plaintiff was guilty of contributory negligence as a matter of law.