City of Frostburg v. Jenkins

Prescott, J.,

filed the following dissenting opinion.

It is regrettable, when one member of the Court is unable to concur with the majority upon such an important and far reaching question as is here involved, that time will not permit a careful and comprehensive statement of the reasons why that member cannot yield his full concurrence. As sufficient time is not available, the following is freely acknowledged to be a hurriedly put together statement of some of those reasons.

The majority opinion holds that under the provisions of section 103 of Chapter 662 of the Acts of 1953, the City of…