Western & Atlantic Railroad v. Morrison

Simmons; C. J.,

dissenting. The controlling question presented for determination in this case is whether, under the circumstances attending the trial, the defendant can properly be said to have forfeited all right to have the merits of its defense passed upon in the light of the evidence submitted, unprejudiced by any imputation of bad faith and duplicity on its part, or was unjustly and undeservedly forced to go before the jury under the cloud of a suspicion that it had wilfully endeavored to conceal and suppress the truth, in the hope that it might thus be able to impose upon the court and…