Leyen v. Dunn

The plaintiff Femina W. Leyen sued for damages due to personal injuries allegedly sustained when the marble facing of a fireplace, installed by the defendant, fell and struck her. The plaintiff Robert Leyen, husband, sued for medical and other expenses, and for loss of services and consortium.

The plaintiffs by separate counts of their respective Declarations charged the defendant with (1) common law negligence; (2) breach of express and implied warranties; (3) breach of contract. The defendant filed a Plea in Abatement to plaintiffs’ suits on the ground the suits were instituted more than one…