Denver & Rio Grande Western Railroad v. Duff

There is antagonism of view between the opinions of Mr. Justice Hall and Mr. Justice Doyle, and both, I maintain, hold positions opposed to established principles of law. Since I would not have this court place in jeopardy or forsake time-tested rules, I would state briefly why I concur in the result only of the opinion of Mr. Justice Hall.

I am persuaded that the casualty forming the basis of this suit was the result of an unfortunate accident in which neither party was at fault. Criteria for responsibility are subjective in this case; we must consider the circumstances as they affected the…