Wing v. Sedgwick

I think the ruling of the District Court was sound in law, and exactly applicable to the facts, now for the first time found. I do not undertake any adequate restatement of this unusually complicated case. Judge Morton’s opinion, on demurrer to the original declaration (244 F. 202), is the clearest and most adequate exposition I have anywhere found. This dissent should be read with that opinion. In general, I concur in Judge Morton’s view that the ease should have been. *180determined for the defendant on the pleadings — that the plaintiff stated no ease. But, even if wrong in that view, now that…