Torrez v. Peck

(concurring specially) — The respondent Mary Torrez was injured without any fault of hers while riding on a public carrier, which was required by law to carry public indemnity insurance.

I am willing to agree with the result of the majority opinion for the reason that justice has been done. The result is in accord with the universal trend in judicial opinions of allowing recoveries without proof of any real negligence on the part of a carrier. The rule requiring carriers to exercise the highest degree of care is a subterfuge for allowing recoveries without showing any negligence, as in the…