Shaw v. McShane

On Motion for Rehearing.

It seldom happens that the writer of an opinion disposing of a case on appeal is the only member of the court who, upon further consideration, questions the soundness of that opinion. But that has occurred in this case. The writer is now the only member of this court who thinks the conclusions stated in the original opinion are incorrect. Further consideration of the questions involved has convinced me that the controlling conclusions of law stated in the original opinion are not warranted by the record.

I shall now state my reasons as briefly as the nature of the case…