Missouri-Kansas-Texas Railroad Co. v. Stanley

BLACKBIRD, Vice Chief Justice

(dissenting).

I cannot concur in the majority opinion. It recognizes the proper rule governing the interpretation or construction of verdicts, but applies it incorrectly, with the result that an injustice is done. That rule, as stated in the California Case of Brokaw v. *858Black-Foxe Military Institute, cited therein, is reflected in the following excerpt from that Court’s opinion:

“It may occur, as it did here, that in an action against several defendants, including a master and his servant, the jury may return a verdict against the master and remain silent as to the…