McCOWN v. INTERNATIONAL HARVESTER CO.


463 Pa. 13 (1975)

342 A.2d 381

John McCOWN v. INTERNATIONAL HARVESTER COMPANY, a corporation, Appellant.

Supreme Court of Pennsylvania.

Decided July 7, 1975.

Rehearing Denied August 19, 1975.


Attorney(s) appearing for the Case

Kim Darragh, Pittsburgh, for appellant.

Edwin H. Beachler, III, McArdle, Henderson, Caroselli, Laffey & Beachler, Pittsburgh, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, POMEROY, NIX and MANDERINO, JJ.


OPINION OF THE COURT

JONES, Chief Justice.

Appellant, manufacturer of large over-the-road tractors, was held liable under Section 402A of Restatement (Second) of Torts (1965) for the injuries sustained by the appellee in a one-vehicle accident. The Superior Court affirmed and we granted allocatur limited to the issue of the availability of contributory negligence as a defense to a 402A action.

Appellee was...

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