Agostino v. Rockwell Manufacturing Co.

Opinion by

Spaeth, J.,

This appeal is from an order denying appellant’s motion to remove a compulsory nonsuit. The action was initiated in trespass and assumpsit, but before trial appellant elected to proceed solely on the theory of strict liability enunciated in §402A of the Restatement (Second) of Torts.

The Act of March 11, 1875, P.L. 6, §1, as amended June 3, 1971, P.L. 118, No. 6, §1 (§509(a) (25)), 12 P.S. §645, allows an order for compulsory nonsuit to be entered when plaintiff’s evidence is insufficient to maintain his cause of action. It provides:

“Whenever the defendant, upon the trial…