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only finds no support in history, precedent,

experience, custom, practice, logic, reason,

common sense or natural justice, but is in utter

defiance of each and all of these standards.”16

Judge Fuld comments:

“I do not know the reactions of this dissenter’s

colleagues, for I never spoke to them, but I am

fairly confident that they did not pat him on the

back and say “well done, old fellow.”17

Later in the same article, Judge Fuld referred to another US Judge,

in a case in which the claimant had sued a railway company for injuries

allegedly caused through its negligence. The jury had given a verdict in

favour of the claimant but on appeal, the High Court reversed the

judgment and dismissed the complaint. One judge dissented and said:

“The majority opinion sweeps over the

evidence in this case like an express train

shooting across a trestle, ignoring signals,

semaphores and swinging lanterns…. Because

16

Fuld, op. cit. at p.924.

17

Ibid.

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