Prince v. Lowe

(dissenting),

This is a very peculiar decision. As I understand it, all seven Justices agree that the original opinion states “the better rule”, that the testimony with reference to what Dr. Hughston “said”, “thought”, “was afraid to” and “concurred in”, was hearsay and that the holding in the Hussey case is sound. It appears that four of us, a majority, hold that the Grammer case, supra, is overruled and the original opinion correctly states the law to be followed in the future, but four members of the court, also a majority, hold that the law as set out in the original opinion does not apply…