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LEWANDOWSKI et vir v. J. HORNE CO.

434 Pa. 266 (1969)

Lewandowski et vir, Appellants, v. Joseph Horne Company.

Supreme Court of Pennsylvania.

April 23, 1969.

Attorney(s) appearing for the Case

Ronald P. Koerner, with him Arthur D. Gatz, Jr., and Gatz, Cohen and O'Brien, for appellants.

James P. McKenna, Jr., with him Dickie, McCamey & Chilcote, for appellees.

Kim Darragh, with him Meyer, Darragh, Buckler, Bebenek & Eck, for appellees.

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

OPINION PER CURIAM, April 23, 1969:

Order granting a new trial affirmed.

Mr. Justice POMEROY took no part in the decision of this case.

DISSENTING OPINION BY MR. JUSTICE O'BRIEN:

While I agree with the majority that the verdict in this case should not be molded, I disagree with its conclusion that a new trial, generally, should be granted. The verdict of the jury clearly established the liability of all of the appellees, and the record indicates...

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