Barker v. Parnossa, Inc.

Chief Judge Breitel (concurring).

I concur in the result and vote to reverse the order of the Appellate Division and order a new trial for the following reasons:

Wholesale abandonment of the common-law rules governing the liability of a possessor of property to one who has sustained injuries on his property is unnecessary to justify plaintiff’s recovery. The common law is served best by changes in its doctrine based on the progression of actual cases and a process of evolution which does not disrupt the essential pragmatism of the common law by excessive devotion to the promulgation of abstract…