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Loch v. Confair

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eBook details

  • Title: Loch v. Confair
  • Author : Commonwealth Court of Pennsylvania
  • Release Date : January 05, 1953
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

The wife plaintiff having been injured by the bursting of a bottle of ginger ale, she and her husband brought suit in assumpsit to recover damages against Confairs Beverage Company, which had bottled the ale. In that action this court affirmed the judgment of the court below sustaining defendants preliminary objections in the nature of a demurrer and dismissing the complaint: Loch v. Confair, 361 Pa. 158, 63 A.2d 24. Plaintiffs then brought the present action in trespass against the Beverage Company and The Great Atlantic and Pacific Tea Company in whose store the ale was purchased. The trial judge entered a non-suit as to the A. & P. Company and gave binding instructions to the jury to find a verdict for the Beverage Company. The court en banc took off the non-suit and awarded plaintiffs a new trial as to the Beverage Company, from which award the Beverage Company now appeals. The A. & P. Company has not appealed, presumably recognizing that an appeal does not lie from an order taking off a compulsory non-suit; (Dellacasse v. Floyd, Exrs., 332 Pa. 218, 2 A.2d 860; Hildock v. Grosso, 334 Pa. 222, 5 A.2d 565; Patanyi v. Davis, 336 Pa. 476, 9 A.2d 430).


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