Grainy v. Campbell

Initially I dissent because I would hold that appellants have waived their contentions.1 If I were to reach the *235merits, I would join the majority opinion on the issues on plaintiff’s contributory negligence and the negligence of appellants O’Herron and Peoples.2 However, I disagree with the majority opinion on the very difficult proximate cause issue.3

The relevant facts are as follows. On the morning of Saturday, September 25, 1971, plaintiff Thomas A. Grainy and five other Boy Scouts were marching easterly along the northern berm of Saltsburg Road in Plum Borough, Pennsylvania. The berm,…