Smith v. Penn Line Service, Inc.

Browning, PresideNt,

dissenting:

I respectfully dissent from the decision of the Court in this case in holding as a matter of law that: (1) The defendants, Penn Line Service, Inc., and J. W. Hosey, were not guilty of negligence; (2) if they were guilty of negligence, they were not liable to the plaintiff since the sole proximate cause of the plaintiff’s injuries was the negligence of the defendant Canterbury; and (3) the implication, at least, thát if these defendants were guilty of negligence, and their negligence contributed proximately to the plaintiff’s injuries, she would be barred from…