McBride v. Atlantic Coast Line Railroad

(concurring and dissenting)'-: I concur in the result of Mr. Justice Stabler’s opinion in so far as it reverses the judgment in this case and remands it to the Circuit Court for a new trial upon the ground stated; but I dissent from his conclusion sustaining the following charge of the Circuit Judge.

“Where the statutory signals are not given and an injury occurs, there is a presumption that the failure to give the signals is (was?) the proximate cause of the injury.”

■ I think that the conclusion reverses the fundamental principle that a plaintiff suing for damages for a tort must not only…