Pennsylvania Railroad v. Schwartz

Dissenting Opinion by

Me. Justice Musmanno:

On June 1, 1937, the General Assembly of Pennsylvania enacted the Full Crew Act (1937, P. L. 1120) requiring the employment of certain minimum-numbered crews on railroad trains operating in this State. The Pennsylvania Railroad Company (hereinafter to be referred to as the Railroad) saw unconstitutionality in certain sections of the Act and accordingly on June 2, 1937, filed in the Court of Common Pleas of Dauphin County, a Bill in Equity calling for the nullification of Sections 2, 4, 5, 6, 7 and 8. The Dauphin County Court took extensive testimony…