Smith v. Pennsylvania Railroad

Gordon, Jr., J.,

dissenting. — I cannot concur in the decision of the court in this case. The effect of the discharge of the rule to amend the statement is so harsh, and so out of accord with the fundamental justice of the ease, that I do not believe it is supportable either in reason or in precedent. This perplexed plaintiff has been seeking an opportunity to be heard in the presentation of his case for upwards of ten years, and a technical rule of pleading is invoked by the defendant to deny him a hearing. Whatever plausible legal reasoning may be advanced for the application of such a rule…