Dilliplaine v. Lehigh Valley Trust Co.

*261Concurring and Dissenting Opinion by

Mr. Justice Pomeroy :

While I concur in the result reached by the majority in the case before us, I cannot agree that the time has come to discard the doctrine of basic and fundamental error as it applies to erroneous jury instructions. However limited its scope and rare the occasions for its application, I believe the doctrine has a useful role to play in protecting the constitutional rights of litigants in our courts.

The doctrine of basic and fundamental error has been long established in this and other jurisdictions.1 The doctrine is not confined to…