While not assenting to all of the general observations found in this opinion, I concur in the result. It is also due to Mr. Justice Pope that attention should here be directed to the correction or modification of what seems to be an approval of the doctrine stated in the quotation from Thompson on Negligence, p. 1254, made by him in the opinion filed at the present term in the case of Samuels v. R. & D. Railroad Company1 prepared by the same justice.
Next case infra.