Parker v. Plympton

The decision in this case is (,such a radical departure from principles that seem to me to be well established, that it is impossible for me to concur in the decision, or in the opinion by which it is attempted to support it.

1. As to Parker’s negligence. In the opinion it is said that Parker’s “culpability appears conclusively from the evidence.” I do not so understand the record. True, Reasoner’s testimony is that Parker made a statement that may be construed as an admission that he was negligent. Parker testified that he might have said that he was either negligent or careless, but that he…