Mixter v. Mack Trucks, Inc.

Dissenting Opinion by Hoffman, J.:

This is an appeal from the judgment of the Court of Common Pleas of Allegheny County against an additional defendant for indemnification.

On June 16, 1967, plaintiff below, Samuel Mixter, purchased a used tractor from Mack Trucks, Inc., the appellee. While removing a tire, plaintiff sustained serious injuries when the tire-rim-ring assembly exploded. As a result of this accident, plaintiff instituted suit against Mack contending that the tractor was in a defective condition thereby causing plaintiff’s injuries. Mack joined as additional defendant, Montgomery…