Joseph Burstyn, Inc. v. Wilson

Mr. Justice Frankfurter, whom Mr. Justice Jackson joins,

concurring in the judgment of the Court;

Mr. Justice Burton, having concurred in the opinion of the Court, also joins this opinion.

A practised hand has thus summarized the story of “The Miracle”:1

“A poor, simple-minded girl is tending a herd of goats on a mountainside one day, when a bearded stranger passes. Suddenly it strikes her fancy that he is St. Joseph, her favorite saint, and that he has come to take her to heaven, where she will be happy and free. While she pleads with him to transport her, the stranger gently plies the girl with…