Jenkins v. Stephens

I regret that I am unable to concur with my associates in the conclusions reached by them. As a general proposition dissenting opinions may be said to be stillborn, and hence fruitless. In important cases, however, they afford the dissenting member an opportunity of expressing his views respecting the questions involved and to give his reasons why, in his judgment, the conclusions of the majority should not prevail. Ordinarily I deem it my duty to yield to the judgment of my associates. There are, however, instances where to do that involves more than a mere reconciliation of conflicting…