Miller v. Hickey

Dissenting Opinion by

Mr. Justice Chidsey:

I am of the opinion that the negligence of the defendant in this case was for the jury and I would uphold the verdict in plaintiff’s favor as reduced in amount by the lower court.

After reviewing at length the evidence adduced by plaintiff and defendant respectively, the majority opinion states: “It will be instantly noted that plaintiff did not prove or offer to prove that the inspection made by Blake was not a proper one or was not one that was customary in the trade, or that a proper inspection would have disclosed the dangerous or defective…