Finnerty v. Darby

Dissenting Opinion by

Mr. Justice Musmanno:

The decision of the Court in this case not only works an injustice against a present litigant but shatters established rules of law into such fragments that they. will remain to clog and impede the machinery of trial procedure so as to imperil justice in similar cases in the future.

On the night of February 11, 1953, James W. Finnerty, victim of a highway accident, was taken by ■ *324ambulance to the Lee Hospital in Johnstown suffering such injuries, fractures, and loss of blood that his life was despaired of. His brain was damaged, his right hip…