Schwartz v. Missouri, Kansas & Texas Railway Co.

Benson, J.

(dissenting) : I do not concur in that part of the opinion relating to exemplary damages. It was a question of fact whether the conduct of the company in making and enforcing the rule was so willfully oppressive or grossly negligent as to afford a basis for exemplary damages.

I am authorized to say that Mr. Chief Justice Johnston concurs in this dissent.