Allison v. Snelling & Snelling, Inc.

Dissenting Opinion by

Mr. Justice Musmanno:

It is enough to read the Majority Opinion in this case to perceive at once the stark injustice being proclaimed by the decision it announces.

Leroy N. Allison was employed as an elevator operator in a single-elevator building at 1501 Walnut Street, Philadelphia. The defendant firm, Snelling and Snelling, occupied offices on the fourth floor. Every tenant in the building had been warned that no one, except a licensed operator, was authorized to operate the elevator. On the morning of September 24, 1960, Robert Snelling, vice president of the Snelling…