Commonwealth v. Fitzmartin

Dissenting Opinion by

Me. Justice Auden M. Stearns:

Apparently the court below and the majority are of opinion that a decision of this Court, hereinafter referred to, governs and controls this case. What is being done was called, by the late Justice Cardozo in his treatise, The Nature of The Judicial Process, an attempt to match samples. The sample cited by the court below and the majority does not possess a nearness in shade to the case now before us. Furthermore, I do not agree that the use which the grantee makes of the surface of the land conveyed has any place in the interpretation of the…