Opinion
December 6, 1944.
January 2, 1945.
Volta v. Markovitz Brothers, Inc., 351 Pa. 243, followed.
Argued December 6, 1944.
Before MAXEY, C. J., DREW, LINN, STERN, PATTERSON, STEARNE and HUGHES, JJ.
Appeal, No. 247, Jan. T., 1944, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1942, No. 1805, in case of Edward Seltzer, a minor, by Morris Seltzer and Minnie Seltzer, his guardians, and Morris Seltzer and Minnie Seltzer, in their own rights, v. Markovitz Bros., Inc., et al. Judgment affirmed.
Trespass for personal injuries.
Affidavit of defense by additional defendant raising questions of law sustained and judgment entered for additional defendant, opinion by KUN, J. Original defendants appealed.
Henry S. Ambler, with him Frank R. Ambler, for appellants, original defendants.
John J. McDevitt, Jr., for appellee, additional defendant.
The question we have just decided in the case of Volta v. Markovitz Brothers, Inc., 351 Pa. 243, is precisely the same question as is raised by the pleadings in this case and our opinion and decision in that case apply to this case.
The judgment is affirmed.