*1 376 the produce force of its own to as overwhelming
sо
the
the negligence shown,
of
injury indepеndently
the
As
responsible ....
cannot he held
defendant
permanent
not of a
house was
plaintiff’s
to the
injury
of
of
the cost
the measure
was
damages
character,
together
its former
property
condition,
the
to
restoring
its use(Emphasis
the loss
with compensation
of
for
Mr. Justice conсurs Roberts Appellant, v. Levan. Rissi, Mus- 1968. Beforе Argued May 1, J., C. Beee, Roberts, O’Brien and Eagеn, Jones, Cohen, manno, JJ.
377 Jr., D. Pirillo, Anthony him Ferroni, R. G. -with appellant. and for Garabello, Pirillо and *2 with Tredinnick, Mason Robert W. Avrigian and <& Knight, Fowlke, Gurtis and Wright, them Stefan Giangiu- Tredinnick & Bean, DeAngelis, and Timoney, for lio, appellees.
Oрinion July 1, 1968: Pee Cubiam, entered; on not been the verdict has Judgment appeal thе must be quashed. hence, Dissenting Opinion bx Musmanno: Me. Justice Both in we parties briefs, this cаse have filed heard the respective the of the arguments lawyers, in- issues arе and is we should decide what simple, volved. The because Majority appеal is the quashing had not judgment been enterеd on Judg- the verdict. of should have been the ment, course, entered before аppeal was but I believe it to filed, unjust rеquire is the parties to repeat the expensive pro- long, tedious, appeal of an ceeding because of this technical defect in the No proceedings. one can be harmed possibly if we decide the case on its merits. With the enormous burden carried by this it dоes not Court, seem a dem- onstration of for wisdom us to we heard say, have the we have read the lawyers, we briefs, havе studied the but we will do records, this all over when again, a or lawyer some clerk enters the a judgment, purely ministerial which has no act, on bearing the issue whatsoevеr. can’t this Court
Why order the of entering the аnd judgment proceed we then below, to dispose of the to case? would seem This, me, an application of prac- tical common judgment, and sense, a striving for jus- tice.
I dissent to the quashing of the appeal for the the by reason given majority.