Solinsky v. Wilkes-Barre

*95Dissenting Opinion by

Mr. Justice Musmanno:

On Sunday, December 19, 1948, snow fell in Wilkes-Barre, Pennsylvania.

The snow brought with it the natural corollaries of white blanketed streets, glazed surfaces, and the usual wintry hampering of movement, both pedestrian and vehicular, on the thoroughfares of the city. The six inch fall, however, while impeding traffic to a degree, did not immobilize it, and automobiles ploughed through the accumulation of flakes, leaving treads and tracks in their frothy wake.

On the night of December 24th, at about 11:20 o’clock, Mrs. Genevieve Solinsky, who lived…