McBurney v. Richardson

*143Felton, C. J.,

concurring specially. I concur in all the rulings and in the judgment except that I concur specially in the rulings in division six of the opinion. I concur in the ruling in division six only to the extent that under the circumstances of this case the jury was authorized to find that the son of the deceased could by viewing the premises ascertain by means of broken bricks, etc., where the chimney fell. I do not agree with the ruling that the testimony of the son of the deceased that the foreman showed him where the chimney fell had any probative value whatever in the absence of testimony by the foreman definitely locating the spot he showed the deceased’s son as being where the chimney fell and in the absence of testimony by the son of the deceased similarly locating the spot.