McGee v. Burlington Northern, Inc.

I dissent.

A very serious and therefore the principal problem presented by the majority opinion is the readjudication of a final order of this Court based on the contention that that order was in part in error. If it were conceded the order resulting from the show cause hearing was totally in error, that would not be grounds for a second review on appeal of a trial on damages. This strikes at the very foundation of our judicial system. As alluded to in the majority opinion, the district court granted a partial summary judgment on the issue of liability and contributory negligence in this cause…