Moyer, C.J., dissenting. Blackstone said it in his Commentaries when he observed, “[precedents and rules must be followed, unless flatly absurd or unjust[.]” 1 Blackstone, Commentaries on the Laws of England (1765) 70. Oliver Wendell Holmes said it in Summary of Events (1873), 7 Am.L.J. 579, when he observed, ‘We sincerely hope that the editors [of the American Civil Law Journal] will fail in their expressed de…
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