Anderson v. Smythe

I am unable to concur in the conclusions at which my associates have arrived, or assent to the rule enunciated in the principal opinion, with the limitations which are put on it. If the differences between us related solely to conclusions upon the facts as disclosed by the record, I would content myself with the simple statement of my disagreement with the results ; my inability to subscribe to the rule of law, as they have declared it, of necessity requires a statement of my position.

*258As I apprehended it the judgment does not rest upon the conclusions arrived at by the trial court upon…