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BROWN (ET AL. v. GLENSIDE LUMBER AND COAL CO. (04/24/68)

decided: April 24, 1968.

BROWN (ET AL., APPELLANT)
v.
GLENSIDE LUMBER AND COAL CO.



Appeal from order of Court of Common Pleas of Philadelphia County, June T., 1966, No. 4622, in case of James M. Brown, Jr. v. Glenside Lumber and Coal Co. and Glenside Ready Mix Concrete Co.

COUNSEL

Stephen M. Feldman, with him Harry Norman Ball, Joseph G. Feldman, and Malis & Feldman, for appellant.

Leon Rosenfield, with him Alfred Sarowitz, for appellees.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Concurring Opinion by Mr. Justice Jones. Dissenting Opinion by Mr. Justice Musmanno. Dissenting Opinion by Mr. Justice Roberts. Mr. Justice Musmanno joins in this dissenting opinion.

Author: Per Curiam

[ 429 Pa. Page 602]

Our ruling in Neuberg v. Bobowicz, 401 Pa. 146, 162 A.2d 662 (1960), is reaffirmed and disposes of the single issue presented by this appeal.

Order affirmed.

Disposition

Order affirmed.

[EDIT ]

Concurring Opinion by Mr. Justice Jones:

Very properly, in my opinion, the majority of this Court now reaffirms our ruling in Neuberg v. Bobowicz, 401 Pa. 146, 162 A.2d 662 (1960). In this respect, the views expressed in my concurring opinion in Castelli v. Pittsburgh Railways Co., 413 Pa. 17, 22, 23, 195 A.2d 794 (1963), have not changed.

In dissent, Mr. Justice Roberts has seen fit to "drag" into this appeal a question of the constitutionality of a rule which would permit a husband to recover damages for the loss of his wife's consortium and deny to a wife the right to recover damages for the loss of her husband's consortium.*fn1 To do ...


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