Hadley v. Lake Erie & Western Railway Co.

Concurring Opinion.

Wiley, J.

I concur in the majority opinion of the court in holding that the facts found by the special verdict clearly show that appellant was guilty of negligence contributing to his injury, and for this reason cannot recover. Robinson, J., speaking for the majority, says that this case is clearly distinguishable from the case of Toledo, etc., R. Co. v. Hauck, 8 Ind. App. 367, but he does not, at any length, point out the difference between the two cases; and, as there is such a wide distinction between them, and as appellant relies largely on the Hauck case for a reversal,…