Nederostek v. Endicott-Johnson Shoe Co.

Opinion by

Mr. Justice Roberts,

In this suit for breach of implied warranty of fitness, the court below granted defendants’ motion for judgment on the pleadings filed pursuant to Pa. R.C.P. 1034. Therefore, we must consider as presently admitted by defendants all well-pleaded allegations of fact in the complaint. Smith v. Brown-Borhek Co., 414 Pa. 325, 200 A. 2d 398 (1964).

The crucial paragraph in the complaint alleges: “On or about June 14, 1961, the Plaintiff was in the employ of the Giant Portland Cement Co., . . . and on said date Plaintiff commenced wearing a pair of safety work shoes…