Casner v. Daily News Co.

EDMONDS, J., Dissenting.

Ordinarily, a dissenting opinion upon a question concerning procedure only adds uncertainty in a field where the profession’s aim should be toward simplification. But the decision of the majority in the present case, it seems to me, gives a plaintiff rights which are not consistent with fair dealing and strikes down long established principles relating to the administration of justice.

The result is reached by the application of the supposed rule that there can be no judgment rendered upon a directed verdict unless the jury actually proceeds, under compulsion of the…