DeJesus v. Liberty Mutual Insurance , 439 Pa. 180 ( 1970 )

Dissenting Opinion by

Mb. Justice O’Brien :

I continue to adhere to the views which I expressed in my Dissenting Opinion in Brown v. Travelers Ins. Co., 434 Pa. 507, 254 A. 2d 27 (1969). Moreover, I believe that the instant case is an a fortiori case when considered in the light of Brown. Brown was an action in trespass, while the instant ease is in contract. Even if the immunity provided by the act insulates the carrier in a trespass action, it surely does not do so in an action of assumpsit. I respectfully dissent.

Me. Justice Roberts joins in this dissenting opinion.