Price v. Sinnott

dissenting:

1. The result reached by the majority does not follow the reasoning expressed. The opinion holds that liability was established as a matter of law; that it was impossible for the jury to find for the defendants. If this is the case another trial on that issue should not be ordered. Such an order concedes that liability is a fact issue for jury resolution upon retrial. It is inappropriate to order another trial simply on the hope that a different result might be reached which will be more pleasing.

*6102. Liability is a fact question in this case. That question was fully explored and the…