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ELDER v. CRAWLEY BOOK MACHINERY COMPANY

No. 19001.

441 F.2d 771 (1971)

Nancy E. ELDER and Joseph C. Elder, Appellees, v. CRAWLEY BOOK MACHINERY COMPANY, a corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 1, 1971.

As Amended April 19, 1971.

Rehearing Denied May 24, 1971.

Attorney(s) appearing for the Case

William C. Walker, Dickie, McCamey & Chilcote, Pittsburgh, Pa., for appellant.

Paul E. Moses, Evans, Ivory & Evans, Pittsburgh, Pa., for appellees.

Before GANEY and ADAMS, Circuit Judges, and WEIS, District Judge.

OPINION OF THE COURT

WEIS, District Judge.

While a layman might be inclined to minimize the question involved in this appeal as an exercise in semantics, the case demonstrates how a shading in meaning of a single word may have a significant effect in a trial.

This is a suit for personal injuries brought under the theory of strict liability as defined by § 402A of the Restatement of Torts 2d. The defendant vigorously pressed the defense of assumption...

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