BAILEY v. ATLAS POWDER CO.

Civ. A. Nos. 76-120 ERIE and 77-030 ERIE.

445 F.Supp. 374 (1978)

James A. BAILEY and Beverly A. Bailey, his wife v. ATLAS POWDER CO., a subsidiary of Tyler Corporation. John L. KLUS and Olga Klus, his wife v. ATLAS POWDER CO., a subsidiary of Tyler Corporation.

United States District Court, W. D. Pennsylvania.

February 27, 1978.


Attorney(s) appearing for the Case

Will J. Schaaf, Erie, Pa., for plaintiff Bailey.

James P. Lay, III, Erie, Pa., for plaintiff Klus.

John M. McLaughlin, Jack M. Gornall, Erie, Pa., for defendant.


OPINION

WEBER, Chief Judge.

The plaintiffs in the above-captioned consolidated cases contended in a jury trial that the defendant, in violation of Restatement, Second, of Torts § 402A, manufactured and sold an unreasonably dangerous blasting cap which detonated a charge of dynamite as the result of stray electrical currents which were generated by atmospheric conditions and which were insufficient to detonate a normal blasting cap. Plaintiffs' testimony...

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