Hendrickson v. Great Northern Railway Co.

I dissent, but not upon any issue peculiar to these crossing cases. With respect to them, some of my views are not concurred in by a majority of the court and I consider myself bound accordingly. But there are two features of this decision which appeal to me as important and with respect to which 1 could not be frank without expressing the reasons for my disagreement.

Obviously, as said by Mr. Justice Holt, the testimony upon which the verdict must rest is that to the effect “that it was so dark that the oncoming locomotive with the headlight unlit could not be seen by the driver of the truck…