Leibowitz v. Ortho Pharmaceutical Corp.

Opinion

per Curiam,

The six judges who heard this appeal being equally divided, the judgment is affirmed.

Opinion by

Hoffman, J.,

in Support of Affirmance:

This appeal involves two lawsuits which were consolidated for trial. One action was in Trespass alleging negligence, the other in Assumpsit alleging breach of express and implied warranties. On September 8, 1970, the late Judge Joseph Sloane of the Common Pleas Court of Philadelphia, sitting without a jury, found for the defendant. Post trial motions were denied by a court en banc, and this appeal followed.

The original causes of action were…