Tally v. Brown

(dissenting). — This ease having once been assigned to me to write, I prepared an opinion reversing the judgment below. It seems, however, that I, performed the task so ineffectually as to convince a majority of the court of the necessity of an affirmance. But with, the deference which is due to overpowering numbers and to the distinguished ability and ingenuity which mark the prevailing opinion I am forced to dissent from its conclusions, and, as the opinion originally prepared by me set forth quite fully my views on the subject, I incorporate it as follows:

On December 23, 1904, a building…