Deutsch v. Max

Dissenting Opinion by

Mr. Justice Drew:

I am unable to agree with the opinion of the majority. It points to no case, in this Commonwealth or elsewhere, in which a landlord has been held liable to a servant of a tenant under circumstances such as are here presented. In my judgment, the result of the majority’s decision will be to open the door to innumerable fraudulent and unfounded claims and to impose an unduly heavy burden on landlords — a burden that is without sanction in the law.

The fundamental weakness of the majority opinion lies in its assumption, without discussion, that plaintiff, a…