Rosenthal v. Mueller

MOYLAN, Judge.

This appeal turns on a simple principle. With respect to the legal phenomenon of “contributory negligence,” the limiting adjective “contributory” is just as significant and just as necessary an element as is the noun “negligence.” Untold thousands of acts of negligence, as purely abstract phenomena, go regularly unnoticed and are legally inconsequential unless they actually contribute to some adverse result.

The appeal arises from a personal injury suit brought by the appellants, Marilyn Rosenthal and Louis Rosenthal, wife and husband, against the appellees, Lee McEvoy Mueller…