Whitfield v. Reading Co.

Dissenting Opinion by

Mr. Justice Musmanno:

On November 29, 1950, at 7 a.m., after working all night at the Crown Paper Mill Company plant in Philadelphia, the plaintiff, Perry Whitfield, started across Delaware Avenue for the purpose of boarding a bus at Front and Tasker Streets. At Delaware Avenue he was confronted with a freight train moving northwardly on tracks imbedded in the street. While waiting for the train to pass over the crossing, a truck, also travelling northwardly on Delaware Avenue, advanced with such speed and proximity to the spot where the plaintiff stood, that he was…