Caylor v. Atchison, Topeka & Santa Fe Railway Co.

I am unable to agree with the majority of the court, and I will attempt to set forth my views on the question concerning which I differ.

The cataclysmic import of the majority opinion is to require of jurors fairness without thought and decision without discussion. The majority of this court has now decided that the only way to obtain a fair verdict — in personal injury cases — is to compel jurors to ponder pain and suffering in a vacuum within the jury room waiting until lightning strikes and something is hatched from nothing.

Defendants (appellants) contend it is reversible error for an…