Reverend Negil L. McPherson v. Tamiami Trail Tours, Inc. And Ned C. Boutwell

(dissenting) :

I respectfully dissent.

If the issue before us were whether the assault on the appellant by the bus passenger was unjustified, there would be no dissent among the members of this panel; and this dissent does not condone the attack in any way. Our problem, however, is to determine whether the evidence requires that money be taken away from the appellee bus company and given to the appellant on account of the injuries resulting to him from that incident. The only way such relief can be given the appellant, in the face of the jury verdict against him, is for us to hold as a matter…