In re New York, S. & W. R. Co.

CLARK, District Judge.

As appears, unusually elaborate findings of fact and conclusions of law have been filed in the case at bar. As does not appear, but as is the fact, these were put in final form after several sessions in open court. Therefore they should, we hope, be of more than ordinary assistance to an appellate court. Because of that hope, we confine ourselves to an opinion stating what seems to us the general principles that should govern.

A curious shift in attitude pervades the pertinent course of decision. Originally a common law monstrosity, Littleton, Tenures, sec. 446, the…