McKenzie v. Cost Bros., Inc.

The six Judges who decided this appeal being equally divided, the order of the Court below is affirmed.

CERCONE, J., files an opinion in support of affirmance in which PRICE and VAN der VOORT, JJ., join. HESTER, J., files an opinion in support of reversal in which JACOBS, President Judge and SPAETH, J., join. HOFFMAN, J., did not participate in the consideration or decision of this case. CERCONE, Judge, in support of affirmance:

This is an appeal from the denial of a motion to take off a compulsory nonsuit in a trespass action. We affirm the decision of the lower court.

Plaintiff, Leo McKenzie,…