Mitchell v. Duquesne Brewing Co.

ROSENBERG, District Judge.

In this action, the plaintiff, a citizen of the State of Ohio, was injured in the City of Elyria, Ohio, due to the breakage of one or more bottles of beer under certain circumstances. The plaintiff then entered suit in Pennsylvania against the Duquesne Brewing Company of Pittsburgh, the producer and bottler of the beer, alleging that the brewery breached certain implied warranties and was guilty of negligence.

The defendant filed its answer and in turn joined the Knox Glass Company and Owens-Illinois Glass Company, as third-party defendants, alleging that it had…