Fleming v. Richardson

(dissenting) — I find myself unable to join in the majority opinion. In my judgment it overlooks the real litigated issue herein, and that is whether the United States Safety Appliance Acts so invaded the field of the regulation of the - construction and maintenance of railway cabooses as to invalidate any state regulations upon the same subject by the states.

The parties by pleading and brief and argument have set forth the matters in issue and I think that this court should confine its decision to such issue.

In this dissent I shall endeavor to set forth such issues. I have made brief…