Valley & Siletz Railroad v. Thomas

This opinion, excepting its first eleven paragraphs, was written before the other members of the court had expressed their attitude. It now develops that this opinion represents only the view of its author. I avail myself of the privilege of dissenting, and, as an expression of my views, employ the opinion previously prepared. It is somewhat lengthy as a dissenting opinion, but, as already indicated, was prepared for a different purpose. Before getting to the opinion previously prepared, I desire to take note of some statements contained in the majority opinion.

First, the majority treats as…