Baptiste v. N. O. Pub. Service, Inc.

I would hesitate to dissent in a case in which I differed from my associates only on a question of fact, particularly where they, in the majority opinion, have, in their findings of fact, concurred with the district judge.

*629Here, however, not only do I disagree with the conclusions of my brothers on the facts, but I am unable to persuade myself that, even conceding the facts to be as they have found them, there is liability in defendant.

Pretermitting for the moment a discussion of the evidence on the facts and conceding, arguendo, that they are as my associates have found them, what is the…