Scibelli v. Pennsylvania Railroad

Dissenting Opinion bt

Me. Justice Musmanno :

The Majority Opinion treats this case as if the plaintiff Frank A. Scibelli were an adult. In point of fact, of course, he was at the time of the accident involved only seven years of age. And it is a matter of gratification, if not pride, that the laws of this enlightened country are intelligently moulded in statute and court decision to take cognizance of the immaturity of thought, the impulsiveness of movement and the lack of serious reflection in children of tender age.

The argument in the Majority Opinion sweeps like an express train over a…