Armstrong Tire & Rubber Co. v. Payton

(dissenting) :

With due respect for the fine study my astute colleagues have given to the problem here involved, I must, nevertheless, register my objection to the results reached in the majority opinion in this case. I agree with the cases cited, but I do not agree with the interpretation here being put upon them. In the majority opinion, we say that we do not intend to overrule those cases which require that the affirmative defense of apportionment be pleaded and proven, because, it is said, the widow-claimant had to plead and prove that the deceased-workman’s *225heart aneurysm was aggravated…