Cunningham v. Joseph Horne Co.

Opinion by

Justice Alpern,

This case involves the doctrine of election of remedies as applied to litigation in the field of “products liability,” an increasingly important part of the negligence field. The court below sustained the defendants’ preliminary objections to an action in assumpsit for breach of warranty on the ground of the pendency of a prior action, a trespass suit filed by the same plaintiffs arising out of the same accident. While alternative remedies were concededly available to the plaintiffs, the court held that an election could not be deferred until trial. The effect of the…