Harleysville Mutual Insurance v. Philadelphia Transportation Co.

Concurring Opinion by

Mr. Justice Roberts:

I believe that it was proper—although not necessary—-for the court below to dismiss this case as not appropriate for declaratory judgment.

Although I do not believe that the court below lacked jurisdiction to entertain declaratory judgment proceedings in the posture of this litigation (see: Sheldrake Estate, 416 Pa. 551, 554, 207 A. 2d 802 (1965) (dissenting opinion)), in my view it was clearly a correct exercise of its discretion, see, e.g., Reese v. Tomsic, 405 Pa. 380, 175 A. 2d 528 (1961), to decide as it did that arbitration was a more appropriate…