Kadogan v. Booker

I agree with the abstract statement of law in the syllabus of the Court in this case, but I deny its applicability to the facts as disclosed by the evidence. For that reason I dissent from the decision of the majority.

Obviously, the evidence in its entirety can not be set forth in either a majority or a dissenting opinion, and notwithstanding the numerous excerpts from the testimony of several witnesses incorporated in the opinion of the majority, I am satisfied that the evidence introduced in behalf of the plaintiffs is wholly insufficient to support any of the findings of the trial…