Legal Opinion · Dissent

Powell v. Risser

Supreme Court of Pennsylvania

Decided October 5, 1953No. Appeal, 83Published

1Dissent

Dissenting Opinion by

Mr. Justice Musmanno :

The assumed therapeutics administered to the plaintiff in this case read like the chronicle of a medieval torture. This does not say that the plaintiff’s condition might not have warranted such treatment. The *70care of mental patients sometimes requires the application of physical restraint which must seem cruel and brutal to those unfamiliar with the routine of mental institutions. However, the unnecessary or reckless use of violent measures which steal away physical assets from one already robbed of the treasures of a sound mind constitutes a misdeed…

2Cases cited6 opinions

  1. Hodgson v. BigelowSupreme Court of Pennsylvania · 1939
  2. Knox v. SimmermanSupreme Court of Pennsylvania · 1930
  3. Davis v. KerrSupreme Court of Pennsylvania · 1913
  4. Maltz v. CarterSupreme Court of Pennsylvania · 1933
  5. Lasater v. Conestoga Traction Co.Supreme Court of Pennsylvania · 1932

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