Davis v. Baltimore & Ohio Railroad Company/Concurrence Harlan

Mr. Justice HARLAN, concurring.

I continue to hold the views first expressed in my separate opinion in Rogers v. Missouri Pac. R. Co., 352 U.S. 500, 559-562, 77 S.Ct. 443, 478-479, 1 L.Ed.2d 493, and frequently reiterated since: (1) cases of this kind are not the proper business of this Court; (2) once accepted for review, however, by the votes of at least four members of the Court, I deem it my duty to participate in their decision. On this basis I join the opinion of the Court.