Smith v. Pittsburgh Railways Co.

Dissenting Opinion by

Mr. Justice Musmanno:

On January 28, 1957, the motorman of the Pittsburgh Railways Company streetcar involved in this litigation, who was apparently angry with himself and the world in general, picked up passengers on the north-side of Pittsburgh and then furiously headed across the Allegheny River into downtown Pittsburgh and out to Bloomfield. His speed was such that from time to time the trolley pole jumped the overhead high voltage wire, whereupon he would jerk the car to a stop, leap off to re-engage the trolley, swearing all the while and intermixing with his…