Benson v. N.Y., N.H. H.R.R. Company

I am unable to concur with my learned associates in the foregoing opinion, and, owing to the importance of the case and the previous travel thereof, I feel called upon to state my reasons for the position which I take.

This case has been three times tried to a jury, the first trial resulting in-a verdict for the plaintiff for $10,000, the second trial resulting in a disagreement of the jury, and the third and last trial resulting in a verdict for the plaintiff for $16,000.

These trials have been of unusual length, the last one occupying ten days or more, and every phase of the casé has been…