Deason v. Southern Railway Company

(dissenting) : From dismissal of petition. I regard this as an extremely important case) that is my excuse for again going into its merits.

In the event that the Court should deny the petition for a rehearing, I wish to withdraw the dissenting opinion heretofore filed by me, and to substitute this opinion therefor, and as a dissent, to the order denying a rehearing.

With great respect I think that Mr. Acting Justice Ram-age has, in the leading opinion, entirely misconceived the controlling considerations in the case.

In the leading opinion the action is treated as if the plaintiff were the owner…