Gilkerson v. Baltimore & Ohio Railroad

I dissent from the decision of the Court in this case to the extent that it affirms the action of the trial court, at the second trial of this action, in permitting the written stipulation entered into between the attorneys for the respective parties to be disregarded and, in consequence, denying the right of the defendants, under the stipulation, to introduce as evidence at the trial the testimony given by Lory B. Hatten, as a witness in behalf of the plaintiff, upon the first trial of this action. The first trial resulted in a judgment for the plaintiff in the sum of §10,000.00 which, on…