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BURCHILL v. KEARNEY-NATIONAL CORPORATION, INC.

No. 71-1630.

468 F.2d 384 (1972)

R. Richard BURCHILL, Appellant, v. KEARNEY-NATIONAL CORPORATION, INC., a corporation, et al. v. PENNSYLVANIA ELECTRIC COMPANY, a corporation, Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided October 10, 1972.

Attorney(s) appearing for the Case

Joseph B. Bagley, Bagley, Sydor & Heck, Pittsburgh, Pa. (Ronald H. Heck, Bagley, Sydor, Heck & Elder, Pittsburgh, Pa., on the brief), for appellant.

George M. Weis, Weis & Weis, Pittsburgh, Pa., for appellee.

Before VAN DUSEN, GIBBONS and JAMES ROSEN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

In this diversity personal injury case appellant, the plaintiff in the district court, appeals from an order granting a motion for a directed verdict renewed at the end of the entire trial on the issue of liability. Fed.R.Civ.P. 50. The plaintiff was proceeding on a theory of strict liability under the Restatement (Second) Torts § 402A (1965) adopted by Pennsylvania as its common law. Webb v. Zern,

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