and the rule simply persists from blind imitation of the past.”). The primary function of the law is justice and when a principle of the law no longer serves justice it should be discarded; here the law was embodied not in any controlling statute but in a judicial principle of the law of torts; ... it runs counter to widespread principles which fairly impose liability on those who wrongfully and negligently injure others; it operates harshly and disregards modem concepts of justice and fan- dealing; it has been roundly and soundly condemned here and elsewhere and the time has come for its elimination by the very branch of government which brought it into our system. [Collopy v. Newark Eye & Ear Infirmary, 27 N.J. 29, 47-48, 141 A.2d 276 (1958).] See also Smith, supra, 469 F.2d at 105 (<HOLDING>); Mariorenzi v. Joseph DiPonte, Inc., 114 R.I.
holding stare decisis does not preclude the court from abolishing the classification scheme holding that failure to consummate scheme does not preclude conspiracy conviction holding that the cwa does not include a remedial scheme sufficient to preclude an ex parte young action holding that the dismissal of a civil action in state court does not preclude a restitution order on the same claim holding that while stare decisis is a guiding principle prior interpretations of workers compensation statute must be overruled because the interpretations were wrong