Raczelowski v. N. Y., N. H. & H. R. R.

I am forced to dissent from the opinion of the majority that an order should be entered directing a judgment for the defendant. To justify such an order, it must clearly appear that there is no legal evidence in the case tending to show that the defendant was guilty of negligence and that the plaintiff was in the exercise of due care. The majority appears to base its decision principally upon what it finds to be the negligence of the plaintiff. It does not expressly declare that the defendant should be found free from negligence as a matter of law, but in the discussion of that question the…