Mendel v. Pittsburgh Plate Glass Co.

Breitel, J. (dissenting).

The issues in this case are whether a cause of action in so-called strict liability for an unreasonably dangerous condition in a defective product sounds in contract for breach of warranty or in tort, and whether the applicable Statute of Limitations runs from the sale and delivery of the defective product or the date of the injury to the plaintiff.

If there were no distorting history to the problem it would be difficult to conceive of an argument that the remedy is in contract, or some hybrid of contract, 'or that the Statute of Limitations should run from the time of…