Charles Warner Co. v. Exeter Machine Works
Superior Court of Pennsylvania
Appeal, No. 39, March T., 1914, by defendant, from judgment of C. P. Luzerne Co., June T., 1910, No. 281, on verdict for plaintiff in case of Charles Warner Company v. Exeter Machine Works. Assumpsit for the breach of an express warranty in a contract by which the defendant sold an engine to the plaintiff. Before Strauss, J. At the trial the defendant called as an expert witness George Haiss who was familiar with engines operating clam-shell buckets.
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Appeal, No. 39, March T., 1914, by defendant, from judgment of C. P. Luzerne Co., June T., 1910, No. 281, on verdict for plaintiff in case of Charles Warner Company v. Exeter Machine Works. Assumpsit for the breach of an express warranty in a contract by which the defendant sold an engine to the plaintiff. Before Strauss, J. At the trial the defendant called as an expert witness George Haiss who was familiar with engines operating clam-shell buckets. He testified in chief that leather friction was used on all engines manufactured by Mead, Morris & Company for the operation of clam-shell…
1Opinion of the Court
On motion for a new trial Strauss, J., filed the following opinion:
The argument on this motion concerned itself with exceptions to certain cross-examination of George Haiss, one of the defendant’s witnesses.
The suit is an action for breach of an express warranty of a hoisting engine, derrick, and an appliance known as a clam-shell bucket, resulting from a bad design of the engine which manifested itself more particularly in the frequent destruction of frictions. In the engine as originally constructed these were bands of leather placed around a flange projection on *479each, of two drums in such…
2Cases cited5 opinions
- Glenn v. Philadelphia & West Chester Traction Co.Supreme Court of Pennsylvania · 1903
- Floyd v. BovardSupreme Court of Pennsylvania · 1843
- Smith v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1902
- Markley v. SwartzlanderSupreme Court of Pennsylvania · 1844
- Helser v. McGrathSupreme Court of Pennsylvania · 1866
3Cited by1 opinion
- Besecker v. General Acceptance Corp.Superior Court of Pennsylvania · 1940