McCaffrey v. Mitchell

Mr. Justice Young,

specially concurring.

I concur in the conclusions of the court and in the reasons supporting them as set forth in the opimon of Mr. Justice Holland, but inasmuch as certain cases were cited on rehearing that were not considered when the former decision was rendered, I deem it proper, as its author, briefly to refer to those cases as additional reasons for my present concurrence in the opimon of the court, wMch in part overrules the holdings of my first written opinion.

In that opinion it was held that the defense interposed by defendant, that is, that the plaintiff agreed to…