Sloan v. Kramer-Orloff Co.

At the outset of this opinion I bring into focus the following statements from the opinion to which I dissent:

*414“The alleged theft and delivery occurred in the early morning (6:00 a.m,, March 20, 1958) before the' normal work routine in the scrap yard began (also 1 hour before plaintiff’s time to commence work for defendant). * * * The 2 bags of scrap were loaded in a truck driven to a neighboring scrap dealer and thrown over his fence before his place of business opened.”

“It is plaintiff’s contention that he was an innocent foil. He claims he was unaware that the bags contained stolen scrap.”

“I…