Hartigan v. Clark

Dissenting Opinion by

Mr. Justice Musmanno :

The decision of the Majority in this case, which has now been before this Court twice, is that kind of a decision which from time to time shakes the faith of litigants in the reliability of the courts. The cause for disillusionment is not that the plaintiff has been deprived of a verdict awarded him by the jury. It is that this Court allowed him to believe for three years that he had a compensable action and then, in the end, entered against him a fatal judgment which it could have announced’ in 1957 when the ease was on appeal the first time.

Briefly…