Karcesky v. Laria

Dissenting Opinion by

Me. Justice Musmanno:

John Karcesky, 50 years of age, and his wife, 40, started out after dinner on March 15, 1951, for a leisurely evening in Beaver Falls, their home town. They window-shopped, stopped at several stores, looked over the offerings at a couple of movies and finally decided to take in the show at the Granada theatre on Seventh Avenue. Seventh Avenue is a wide thoroughfare, measuring 66 feet from curb to curb and accommodating not only 4 lanes of traffic but supplying space on either side for diagonal parking. Arriving about 7:30 at a point on Seventh Avenue…