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BARAKOS v. KOLLAS (01/24/69)

decided: January 24, 1969.

BARAKOS
v.
KOLLAS, APPELLANT



Appeal from judgment of Court of Common Pleas of Cumberland County, Feb. T., 1967, No. 611, in case of John Barakos et al. v. Charles Kollas, trading and doing business as Holly Park.

COUNSEL

George F. Douglas, Jr., for appellant.

Raymond R. Smith, with him Garber, Garber & Fowler, for appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Mr. Justice Jones dissents. Concurring Opinion by Mr. Justice Roberts. Dissenting Opinion by Mr. Chief Justice Bell.

Author: Per Curiam

[ 433 Pa. Page 259]

Judgment affirmed.

Disposition

Judgment affirmed.

Concurring Opinion by Mr. Justice Roberts:

I believe it is highly questionable on the facts of this case whether appellant had a duty to prevent "rowdyism" at this private party, or to somehow warn appellees (and presumably everyone else present) that the lack of decorum might prove to be dangerous. However, on this appeal appellant has argued only that the evidence was insufficient to show exactly how minor appellee was injured and that appellees were contributorily negligent. On these points, I believe that there is sufficient evidence in the record to support the jury's findings, and I, therefore, join in the affirmance of the court below.

Dissenting Opinion by Mr. Chief Justice Bell:

This is another example -- and a very unfortunate one -- of the axiom that ...


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