Bennett v. City of Seattle

(dissenting) — I am unable to agree with the majority opinion. The fact that an injury occurred is no occasion to hold the appellant responsible. I sympathize with anyone who has been injured, however the questions to be determined are ones of law and call for the application of strict legal principles to the determination of these problems. I feel that we should bring to bear a judgment that is cool, calculating, fearless, and deliberate, uninfluenced by any emotion of sympathy, imtrammeled by any anxiety of fear as to the result. It is on this foundation that I discuss the problems…