Legal Opinion · Concurrence

Just v. Sons of Italy Hall

Superior Court of Pennsylvania

Decided April 22, 1976No. Appeal, No. 334Published

1Concurrence

*429Concurring Opinion by

Cbrcone, J.:

I concur in the result reached by the majority herein.

The law in Pennsylvania concerning venturesome plaintiffs who imprudently wander into unlighted areas is fully set forth in the majority opinion. Nevertheless, I submit that this peculiar kind of tort question may be more cogently and clearly resolved by employing the rubric of assumption of the risk set forth in Sections 496 A-G of the Restatement of Torts, Second. From the majority opinion, it is not altogether clear whether the decision in the instant case rests on the fact that plaintiff voluntarily…

2Cases cited1 opinion

  1. Willetts v. Butler Twp. (Et Al.)Superior Court of Pennsylvania · 1940

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