LINEY v. CHESTNUT MOTORS, INC.


421 Pa. 26 (1966)

Liney, Appellant, v. Chestnut Motors, Inc.

Supreme Court of Pennsylvania.

March 22, 1966.


Attorney(s) appearing for the Case

Norman M. Brown, for appellant.

Joseph H. Foster, with him White & Williams, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE EAGEN, March 22, 1966:

In this action of trespass, the lower court sustained preliminary objections to the complaint in the nature of a demurrer and dismissed the action. This appeal challenges the correctness of that order.

The pertinent pleaded facts are as follows:

The defendant operates an automobile sales agency and garage. About ten o'clock a.m. on the day involved, a customer's automobile was delivered to the garage for...

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