Chesapeake & Ohio Railway Co. v. Pace

Concurring Opinion on Denial of Transfer

Achor, J.

I concur in the denial of transfer in the above captioned case except for the following statement which appears in the Appellate Court opinion, which language, in my opinion, enunciates an erroneous rule of appellate procedure, which purported rule is not necessary to a decision in the case. The statement is as follows:

“Further, said tax returns had relation to only one issue, namely, appellee’s alleged damages. *158Appellant has not briefed or argued the specification of its motion for new trial that the assessed amount of recovery is too large.…