Bertera's Hopewell Foodland, Inc. v. Masters

*67Dissenting Opinion by

Mr. Justice O’Brien:

I cannot- subscribe to the conclusion reached by the majority of this court that the amendment to the Act of 1939, June 24, P. L. 872 §699.4, 18 P.S. §4699.4, enacted by the General Assembly as the Act of 1961, September 27, P. L. 1695 §1, 18'P.S. §4699.15, is constitutional. In reaching my conclusion, I need only heed the admonition of the majority and apply “common sense in the construing of words according to rules of grammar and according to tlieir common and approved usage”.

Clearly, the mere fact that all of the judges of the highest appellate…