Metropolitan Transit System, Inc. v. Burton

My dissent in this case is not due to a difference of opinion as to what the law is but is due almost entirely to a construction of the petition. I do not agree that the law of negligence applies to a situation where there is no duty to anticipate injury. If the petition alleged what the *692majority seem to construe it to allege their conclusion would not be as far-fetched as it is under the majority’s construction. The petition alleges as follows: “ 6. That your petitioner had awaited the arrival of the bus at a regularly designated bus stop at the intersection of Broad and Walton Streets in…