White v. Burton

I cannot concur in the conclusion announced by a majority of my associates. As I view this ease, the error of the result announced lies in the analysis of the evidence and the probative force given to the opinion evidence of expert witnesses.

A child of tender years has a broken leg, the disconnected bones of the lower limb having failed to unite after long and unsuccessful surgical treatment. Her condition presents a strong claim to sympathy which is calculated to divert the mind from the impersonal rules of law and the dictates of balanced justice by which our judgment should be guided. She,…