Spinelli v. Maxwell

Dissenting Opinion by

Mr. Justice Cohen:

While I recognize as does the majority that our ruling in Fields v. Philadelphia Rapid Transit Co., 273 *484Pa. 282, 117 Atl. 59 (1922), is salutary, I cannot agree that the rule in Fields should not be subjected to an exception when insurance is involved so as to permit recovery in the present action. In my view, there is substantial justification for a different rule when an insurance company has been subrogated to its insured’s property claim against the alleged tortfeasor and the company has commenced suit and obtained judgment prior to the institution…