Opinion

DeJesus v. Liberty Mutual Insurance

  • 439 Pa. 180
  • 268 A.2d 924
  • 1970 Pa. LEXIS 676
Court
Supreme Court of Pennsylvania
Filed
Jul 2, 1970
Status
Published
Author
Brien
On the bench
Bell, Jones, Cohen, Eagen, O'Brien, Roberts, Pomeroy
Cited by
17 cases
Authority
More cited than 8.7%

applying Section 5 of the Longshoremen’s and Harbor Workers’ Compensation Act

How later courts described this case

  • applying Section 5 of the Longshoremen’s and Harbor Workers’ Compensation Act
  • six Justices participating; plurality opinion by Jones, J., joined by Cohen and Eagen, JJ., with Bell, C.J., concurring in result

Written by the judges who cited it.

The opinion

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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