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CUNNINGHAM v. JOSEPH HORNE CO.

406 Pa. 1 (1961)

Cunningham, Appellant, v. Joseph Horne Company.

Supreme Court of Pennsylvania.

December 29, 1961.

Attorney(s) appearing for the Case

Alan N. Bloch, with him Wirtzman, Sikov and Love, for appellants.

Jack W. Plowman, with him Rose, Houston, Cooper and Schmidt, for appellees.

Gustav M. Berg, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.

OPINION BY JUSTICE ALPERN, December 29, 1961:

This case involves the doctrine of election of remedies as applied to litigation in the field of "products liability," an increasingly important part of the negligence field. The court below sustained the defendants' preliminary objections to an action in assumpsit for breach of warranty on the ground of the pendency of a prior action, a trespass suit filed by the same plaintiffs arising out of the same accident. While...

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