Miller, Administrator v. A.C.L.R. Co.

I dissent from the opinion of Mr. Justice Watts in this case, affirming the judgment below, and think that it should be reversed, for the reasons which follow.

My objections to the validity of the judgment are hereinafter set forth in italics under separate subdivisions. Before entering upon a discussion of these several objections, it appears proper to make the following:

PRELIMINARY STATEMENT

This is an action for $50,000 damages on account of the alleged wrongful death of the intestate, D.B. Miller, who was killed as the result of a collision between a north-bound train of the Atlantic Coast…