Taylor v. Datig

BISHOP, J., Dissenting.

I dissent. The conclusion reached in the foregoing opinion is in accordance with that reached in a majority of our sister states. To me, however, it seems out of step with modern judicial thought, to be contrary to the dictates of justice, and to be, not only not required by the decisions of our own state, but out of harmony with their latest expressions. Because I am unable to give a rational answer to the query propounded in Larkin v. Saffarans (cited in the majority opinion), “Why shouldn’t the amendment give the court jurisdiction?” and because there is no authority…