Whitaker v. McGee

Kane and Casey, JJ.,

dissent in a memorandum by Kane, J. Kane, J. (dissenting). Initially, it is noted that a default *881judgment was entered against Green Mountain Forest Products, Inc., a named defendant in this action, who eventually settled with plaintiffs. With this in mind, we further note that the stipulation entered into between plaintiffs and the remaining defendants demonstrates that Green Mountain was directed to cut plaintiffs’ timber by defendant Thomas Taylor and that defendants John J. McGee and Wilmington Dryer Company (hereinafter collectively referred to as Wilmington) were…