dissenting opinion of Roberts, J., joined by Nix, J.
How later courts described this case
- dissenting opinion of Roberts, J., joined by Nix, J.
Written by the judges who cited it.
The opinion
DISSENTING OPINION
ROBERTS, J.
The Court today continues to permit a judicially created anachronism to deprive litigants of their day in court. I remain of the view that the doctrine of sovereign immunity ought, in its entirety, to be consigned to the judicial scrapheap. See McCoy v. Commonwealth, 457 Pa. 513, 514-16 , 325 A.2d 396 , 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Sweigard v. Pennsylvania Dep’t. of Transp., 454 Pa. 32, 35-38 , 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79 , 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Biello v. Pennsylvania Liquor Control Bd., 454 Pa. 179, 187-92 , 301 A.2d 849, 853-56 (1973) (dissenting opinion of Nix, J., joined by Roberts, J.).
NIX, J., joins in this dissent.