Hollingsworth v. Case

On submission of the cause in this court, the record was assigned to the writer for decision. I prepared the following opinion, but some of my brothers were unable to agree. As a consequence, the majority opinion written by Mr. Justice MERRILL became the opinion of the court. I feel impelled to record my opinion as a dissent, in which Mr. Justice SIMPSON concurs specially, as noted below.

The appellee Case brought suit against appellant Hollingsworth to recover an automobile. The course of events giving rise to the litigation is as follows:

W. N. Case was the owner and operator of an automobile…