Legal Opinion

United States Gypsum Co. v. Birdsboro Steel Foundry & Machine Co.

Pennsylvania Court of Common Pleas, Philadelphia County

Decided December 16, 1943No. 2; no. 539Published

1Opinion of the Court

Sloane, J.,

This matter comes before us on plaintiff’s petition to inspect, in advance of trial, drawings and plans in the exclusive possession of defendant and prepared by defendant in constructing a 9,000-ton hydraulic press for plaintiff for use in manufacturing compressed asbestos sheets.

Plaintiff, in its statement of claim, alleges failure of the parts (original and replacement parts) to do what they were meant to do; it asserts improper design of the press which rendered it unable to withstand the great pressures required. Plaintiff maintains that to prove improper design it must submit…

2Cases cited12 opinions

  1. Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
  2. Yorkshire Worsted Mills v. National Transit Co.Supreme Court of Pennsylvania · 1937
  3. Sherwood Bros., Inc. v. Yellow Cab Co.Supreme Court of Pennsylvania · 1925
  4. Lesser v. HenrySuperior Court of Pennsylvania · 1912
  5. Liegey Trustee v. Clearfield Tex.Superior Court of Pennsylvania · 1941

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