Brunswick Corp. v. CIAFFONI

Dissenting Opinion by

Mr. Justice Roberts:

I dissent from the majority’s unsupported action in overruling the only Pennsylvania appellate authority controlling this controversy. The majority dismisses the unanimous decision of the Superior Court in National Cash Register Company v. Miller, 88 Pa. Superior Ct. 550 (1926), with the simple assertion: “We find that case unpersuasive and decline to follow it. *449Ordinary common sense requires that custodia legis continue until the order of the Referee could be effected.” The majority fails to indicate or even suggest just what its new concept of…