Davey v. Southern Pacific Co.

McFarland, J., concurring.

I concur in the judgment and in the opinion of Mr. Justice Van Fleet. It is proper to say that owing to the peculiar condition of the record, and the wrong reasons given for exclude ing certáin evidence, the department, on the former hearing, very naturally overlooked the distinction between the position of a party seeking to reverse a judgmerit and that of a party seeking to maintain it.