Curry v. Lehigh Valley Transit Co.

Dissenting Opinion by

Mr. Justice Musmanno :

No one can know what was in the mind of Edwin Ralph Litzenberger, except perhaps himself, as he stood at the controls of his 40-passenger street car and bowled along over West Broad Avenue on his way from Allentown to Bethlehem on the afternoon of November 7, 1951. While we cannot hazard a guess as to the nature of his thoughts on this particular journey, it is comparatively safe to guess that they were not devoted to traffic moving in the opposite direction on the adjoining motor highway. As he approached a carstop at Grand-view Boulevard he noted a…