Grotefend v. Pennsylvania Railroad

Dissenting Opinion by

Mr. Justice Musmanno:

The Majority Opinion sweeps over the evidence in this case like an express train shooting across a trestle, ignoring signals, semaphores and swinging lanterns. It says that the plaintiffs proved no negligence on the part of the railroad. Like a wreck train blowing alarm warnings as it pushes its way through an enveloping fog, the record shouts negligence throughout the entire length of its 200 pages.

On January 15, 1951, a typical wintry day with ice and snow covering the ground, A. W. Grotefend parked his automobile on private property adjacent to the…