Procter v. Louisville & Nashville Railroad

Dissenting Opinion by

Judge Tubnee.

I must respectfully dissent from so much of the opinion. of the court as holds the appellant, Procter, is’ only entitled to recover from appellee $3,333.33.

There is no disputed fact in the record, and in my view, no question of law presented; but really only a question of calculation.

The uncontradieted facts are that Procter and Lynch entered into the contract quoted in the opinion of the court; that the suit was instituted by Procter and diligently prosecuted; that there was a verdict for $25,000 which upon appeal to this court was reversed; that upon the…