Kar v. Hogan

This writer must dissent. This decision is the result of many troubled hours of consideration and reconsideration.

A review of the record presently before us reveals a trial of confused and difficult facts. This writer would be hard pressed to find that he would have been required to have reached a different result than the trial judge or that he would have been required to reach a different result than that of the jury had he been the trial chancellor. Were it not for the ill-advised statement by the trial judge following the presentation of plaintiffs’ proofs, this writer could…