Hugo Black

“ The basis for overruling the Enelow and Ettelson cases appears to be the Court's hostility to 'piecemeal appeals' and the Court's belief that overruling the two cases will promote 'simplicity nd directness in the administration of justice.' But to grant appeal here would not sustain appeals from every adverse ruling made in the process of a trial. Denial of trial by jury is not to be classified with ordinary trial errors, such as an admission or rejection of evidence. ”

“ The question here relates to the whole trial of the issues involved, what tribunal shall hear and resolve the evidence, judge or jury? And neither simplicity nor directness of judicial administration are necessarily furthered by compelling two trials where one would suffice. Moreover, there is much to be said against the idea of inflexibly barring appeals in regard to alleged substantial errors that may fatally invalidate an entire trial procedure. ”