Burk v. Chesapeake & Ohio Railway Co.

Dissenting Opinion

Faulconer, C. J.

I cannot agree with my learned colleagues that this case cannot be decided on the merits. I feel that the reasons, given by the majority opinion for holding that appellant has failed to meet the burden required of her in her brief áre - too vague and too general to specifically combat.

*639A reading of the briefs of both parties readily evidences that the only real issue in this appeal is the granting, by the trial court, of a judgment for appellee on answers of the jury to interrogatories, notwithstanding the general verdict for appellant. It is also clear that…