Jenkins v. Southern Railway Co.

Mr. Acting Associate Justice E. M. Rucker

(concurring) : I concur with Mr. Justice Cothran’s opinion upon the questions raised by the appeal.

There is another matter in the case not presented by the exceptions, but evidenced by the undisputed facts, that in my judgment should be passed upon.

In considering the question now being raised for the first time in this opinion, differing as it does from the points deemed necessary to- be passed upon by the learned Judge, and also differing from the questions raised by the appellants’ attorneys, and upon the advisability of now passing upon it, I find…