Russell L. Dawson v. Contractors Transport Corp. Magazine Bros. Construction Corp.

(dissenting) :

I accept the position of the majority that we are called upon to decide whether Contractors is entitled as of right, by reason of the Seventh Amendment, to a jury trial of the issue of Singleton’s negligence on Contractors’ cross-complaint against Singleton. I think Contractors has the right. The evidence bearing on the issue was heard by the jury and I think the judge should not have taken it from the jury when it was deciding the issue of Contractors’ own negligence in contributing to Dawson’s injury.1

The most recent Supreme Court decision on the subject rendered after the…