STOVER et al. v. FIVE WAY S. CENTER


220 Pa.Super. 335 (1971)

Stover et al., Appellants, v. Five Way Service Center.

Superior Court of Pennsylvania.

December 13, 1971.


Attorney(s) appearing for the Case

James E. McLaughlin, with him William R. Caroselli, and McArdle, McLaughlin, Paletta & McVay, for appellants.

Daniel F. Knittle, with him Greevy, Knittle & Mitchell, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.


OPINION PER CURIAM, December 13, 1971:

Order affirmed.

DISSENTING OPINION BY CERCONE, J.:

This is an appeal from the grant of a new trial to defendant in a trespass action after the jury returned a verdict in favor of the plaintiff.

The facts as placed in evidence by the plaintiff are as follows:

On July 26, 1965, the plaintiffs' vehicle had the front brakes relined and installed at the defendant Five Way Service Center. During the...

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