¶1Dissenting Opinion by
¶2I very emphatically dissent.
¶3If such a drastic change in the field of tort liability without fault is to be made in our law — even the majority admit that “we are today adopting a new basis of liability” — it is difficult to imagine a more unlawyerlike judicial Opinion than the majority Opinion. The majority Opinion overrules a long established as well as recently reiterated law (1) without even mentioning or referring to the numerous decisions of this Court which they are now overruling,
¶4The new rule adopted by the majority so completely changes, not by legislative action but by judicial ukase, the law with respect to trespass actions for injuries resulting from noninherently dangerous products that are either manufactured or bottled or sold by any vendor — even a retail druggist — that in my opinion it is not only very unfair but absolutely unjustifiable in Justice or in Law.
¶5In the last few years, the Supreme Court of Pennsylvania has radically changed the law in 30 different branches or fields which, prior thereto, had been firmly established.
¶6Today, no one knows from month to month or whenever the Supreme Court of Pennsylvania or the Supreme Court of the United States meets, what the law will be tomorrow — or, by retrospeetivity, what the Court will now say it always should have been — or what anyone’s rights, privileges, liabilities and duties are. The net result is uncertainty, confusion, dismay, and constantly diminishing respect for Law and for our Courts — and, of course, is one of the major causes of the constantly and rapidly increasing litigation which is literally swamping our Courts.
¶7In a Constitutional form of government such as ours,, which is based upon Law and Order, certainty and stability are essential. Unless the Courts establish and maintain certainty and stability in the Law, (1) public officials will not know from week to week or from month to month the powers and limitations of *431Government, (2) Government cannot adequately protect law-abiding citizens or peaceful communities against criminals, (3) private citizens will not know their rights and obligations, (4) the meaning of wills, bonds, contracts, deeds, leases and other written agreements will fluctuate and change with each change in the personnel of a Court or their individual ideas of what the writing should and would have said if the present situation had been visualized in the light of today’s conditions, (5) property interests will be jeopardized and frequently changed or lost, (6) businessmen cannot safely and wisely make agreements with each other or with their employees.
¶8The basic need for certainty and stability in the law has been recognized for centuries by English-speaking peoples. Lord Coke, Chief Justice of England, thus wisely expressed (circa 1600) these truths: “The knowne certaintie of the law is the safetie of all.” Until very recently, this has been a beacon light for Anglo-American Courts, for text authorities, and for law-abiding Americans ever since the foundation of our Country. In the realm of the Law it is usually expressed in the principle known as Stare Decisis. Stare Decisis is one of the bedrocks upon which the House of Law has been built and maintained.
¶9*432If such a radical change in the Law is to be made— as is now made in the majority Opinion — it should be made and must be made only by the Legislature. It appears to be completely forgotten that we are not a super or Supreme Legislature
¶10Too many appellate Judges envision themselves, not as interpreters of the Constitution and the laws, which is the role and province assigned and limited to them by the Constitution, but as possessing the right, the •power and the duty to change and, if necessary, rewrite the Constitution and any and every Law, in order to bring it in accord with what they believe is or will be best for the social, political or economic interests of our State or Country.
¶11I can never approve or condone such a Judge-made revolutionary and unfair rule as the majority promulgate.
¶12I very vigorously dissent.
¶13 Some outstanding examples are: Johnston v. Dick, 401 Pa. 637, 165 A. 2d 634; Saganowich v. Hachikian, 348 Pa. 313, 35 A. 2d 343; Coralnick v. Abbotts Dairies, Inc., 337 Pa. 344, 11 A. 2d 143; Ebbert v. Philadelphia Electric Co., 330 Pa. 257, 198 Atl. 323; Sweeney v. Blue Anchor Beverage Co., 325 Pa. 216, 189 Atl. 331; West v. Emanuel, 198 Pa. 180, 47 Atl. 965.
¶14 Some outstanding examples will demonstrate this fact which is realized by so few. In Westbury Realty Corporation v. Lancaster Shopping Center, Inc., 396 Pa. 383, 387, 389, 152 A. 2d 669, the Court said: “this situation requires a new approach” and thereby by implication overruled more than 20 prior decisions. In Smith v. Bell Telephone Company, 397 Pa. 134, 153 A. 2d 477, a new rule as to the sufficiency of circumstantial evidence was established which expressly overruled at least 18 recent decisions of this Court. In Flagiello v. Pennsylvania Hospital, 417 Pa. 486, 208 A. 2d 193, the Court overruled numerous decisions of this Court which had established the principle or doctrine of charitable immunity, several of them very recently, in spite of the fact that the doctrine had been iterated and reiterated by the Supreme Court for nearly three-quarters of a century, and in spite of the further fact that in nearly every session of the Legislature in 70 years, attempts had been made to abolish or change charitable immunity but the Legislature had always refused to make any change or modification thereof. In Olin Mathieson v. White Cross Stores, Inc., 414 Pa. 95, 199 A. 2d 266, the Court declared the Pennsylvania Pair Trade Act, as applied to nonsigners of a price maintenance contract, unconstitutional, expressly overruling a very recent decision of this Court, and by clear and necessary implication six other recent decisions of this Court. In Catherwood Trust, 405 Pa. 61, 173 A. 2d *43086, the Court expressly overruled three recent decisions of this Court, and by necessary implication four additional recent decisions of this Court which, in turn, had iterated and reiterated what had been the rule of apportionment in Pennsylvania for over 100 years, and declared constitutional what the Supreme Court had repeatedly declared was unconstitutional.
¶15In Commonwealth v. Redline, 391 Pa. 486, 137 A. 2d 472, the Court expressly overruled a very recent decision of this Court and by necessary implication three additional recent decisions of this Court, as well as repudiating all the basic reasons and fundamental principles upon which this Court’s prior felony murder decisions had been predicated.
¶16In Best v. Zoning Board of Adjustment, 393 Pa. 106, 116, 141 A. 2d 606, the Court changed the law and numerous decisions by stating that general welfare alone, unconnected with health, safety or morals, was a justifiable basis for zoning. In Commonwealth ex rel. Johnson v. Myers, 402 Pa. 451, 167 A. 2d 295, the Court by dictum changed the presumption in felonious murder which had existed from the time of Coke and Bláckstone, and had been reiterated myriad times by this Court in prior decisions.
¶17 Stare Decisis does not require the law to be immutable libe the law of the Medes and Persians. The law can always be changed by the Legislature (or, when necessary, by a Constitutional amendment) and there are four exceptional situations in which it can be changed without violating the principle of Stare Decisis. The four exceptions via judicial decisions which are part and parcel of Stare Decisis, and which enable the law to progress with modernity and Justice for all, are set forth in the dissenting Opinions in Flagiello v. Pennsylvania Hospital, 417 Pa. 486, 208 A. 2d 193, and in the concurring Opinion in Michael v. Hahnemann Medical College and Hospital of Philadelphia, 404 Pa. 424, 428, 172 A. 2d 769; see also dissenting Opinions in Olin Mathieson v. White Cross Stores, Inc., 414 Pa. 95, 199 A. 2d 266; Commonwealth v. Wood*432house, 401 Pa. 242, 164 A. 2d 98; McDowell v. Oyer, 21 Pa. 417, 423; and Mr. Justice Owen J. Roberts’ dissenting Opinion in Smith v. Allwright, 321 U.S. 649, 669. The present case does not fall within miles of any of these exceptions, but is just another ■flagrant violation of the principle of Stare Decisis.
¶18 See also the dissenting Opinion of Mr. Justice Frankfurter in Board of Education v. Barnette, 319 U.S. 624, at page 648.