Coleman v. Daniel

(concurring and dissenting) :

I agree that the judgment below should be reversed but not being in accord with much of the majority opinion, I set forth my views as to the appropriate disposition of this appeal.

At the outset, I should state that most of the material, concurrent findings of fact below are to my mind not against the clear preponderance of the evidence and should not be set aside. The special referee is an experienced attorney and a life long resident of the vicinage. He, of course, had oppor*212tunity to observe the witnesses, their demeanor, etc. and most likely some of them were…