Barson's & Overbrook, Inc. v. Arce Sales Corp.

Opinion by

Hoffman, J.,

Appellant contends that the lower court erred in granting appellees’ motion for judgment on the pleadings.

In May, 1966, appellant Barson’s and Overbrook, Inc. t/a City Line Delicatessen and Restaurant (hereinafter Barsons) purchased smoked fish from appellees Arce Sales Corporation (Arce) and Acme Smoked Fish Co. (Acme). Barsons sold this fish to its patrons. Following these sales a number of Barsons’ customers became ill with salmonella poisoning. Seven lawsuits were then instituted against Barsons by the salmonella sufferers. Barsons joined Arce and Acme as additional…