Shinn v. United Railways Co.

DISSENTING OPINION.

REYNOLDS, P. J.

I regret that 1 am unable to concur in the reasoning or conclusion of my learned associates, on the assigned error in the instruction as to the measure of damages. I preface what I have to say by a somewhat fuller statement of the record.

This is an action instituted before a justice of the peace. On a finding for plaintiff, the case was appealed to the circuit court and there tried before the court and jury. The petition or statement sets out that *732plaintiff wa^ injured by reason of the carelessness of defendant’s agents and servants, in starting a car with a…