Rini v. New York Central Railroad

Dissenting Opinion by

Mr. Justice Roberts:

I am firmly of the view that the court below abused its discretion in dismissing the three actions here involved.1 The majority attempts to distinguish Walker *247v. Ohio River Co., 416 Pa. 149, 205 A. 2d 43 (1964). This attempt consists merely of a statement of the facts of the two actions involved in Walker and the conclnsory phrase that the Walker facts “differ substantially.” However, the crossing from the mountain top of fact to the mountain top of conclusion ought to be bridged by at least a modicum of reasoning. And I submit that a modicum of…