Cox v. CAETI

Opinion by

Mr. Justice Barbieui,

This case comes to us on allowance of appeal from the per curiam affirmance by the Superior Court, Cox v. Caeti, 216 Pa. Superior Ct. 214, 263 A. 2d 765 (1970), of a judgment entered in the Court of Common Pleas of Cambria County. In the Superior Court, Judge Hoeeman filed a concurring and dissenting opinion in which Judge Cercone joined. Judge Spaulding noted his dissent.

The facts of the case are well stated by Judge Hoeeman (at pages 215-216): “This action in trespass was instituted in the Court of Common Pleas of Cambria County by Frank Cox against Frank…