Johnson v. Northern Pacific Railway Co.

(dissenting) — This case does not involve a new, novel or major problem of jurisprudence in this state, and I have hesitated to dissent. However, the differences I have with the majority respecting (1) applicable principles of law, and (2) the operable facts, seem to me to justify adding a few more pages to the official reports. In a nutshell, it may be a matter of personal opinion, but I am concerned that the majority (a) confuses and misapplies certain principles of law, and (b) misconceives or misunderstands the operable or controlling facts. However, before further elaboration as to the…