Seaboard Container Corp. v. Rothschild , 359 Pa. 51 ( 1947 )

Dissenting Opinion by

Mr. Justice Jones:

In my opinion, the trial court’s refusal to charge the jury, as requested, on the question of the plaintiff’s assumption of the risk of injury to its property from the work in contemplation was, in the light of the evidence in the case, error. The judgment should therefore be reversed and the case sent back for a new trial.

Mr. Justice Horace Stern joins in this dissent.