Balentine v. Aplt. v. Chester Water Auth

JUSTICE WECHT, Concurring

I join the Majority's Opinion in full. Justice Benjamin Cardozo recognized that, "when a rule, after it has been duly tested by experience, has been found to be inconsistent with the sense of justice or with the social welfare, there should be less hesitation in frank avowal and full abandonment." B. CARDOZO, THE NATURE OF THE JUDICIAL PROCESS 150-51 (1921). I do not lightly join the Majority in abrogating Love v. City of Philadelphia , 518 Pa. 370, 543 A.2d 531 (1988), mindful as I am of our general adherence to the principle of stare decisis , the importance of…