New York, Chicago & St. Louis Railroad v. Hamlin

Dissenting Opinion.

Gillett, J.

I dissent. For present purposes it is unnecessary to consider the ultimate question of affirmance or reversal. My objection goes to the course of reasoning by which a reversal is reached. A word as to the evidence: The ear was moving at the rate of a slow walk, or, as otherwise stated, at a speed of about two miles an hour. The work was required to be done in haste. About one minute would have been lost if the car had been stopped to adjust the coupling. It would only have taken a second to open *38the knuckle, had it worked properly. There was expert testimony that…