Opinion

Ski Roundtop, Inc. v. Commonwealth

  • 520 Pa. 227
  • 553 A.2d 928
  • 1989 Pa. LEXIS 12
Court
Supreme Court of Pennsylvania
Filed
Feb 3, 1989
Status
Published
Author
McDERMOTT
On the bench
Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Stout
Cited by
8 cases
Authority
More cited than 5.1%

the transformation of water and pressurized air to snow was manufacturing because of the snow had a completely different use than the original materials

How later courts described this case

  • the transformation of water and pressurized air to snow was manufacturing because of the snow had a completely different use than the original materials

Written by the judges who cited it.

The opinion

*238 McDERMOTT, Justice,

dissenting.

To say, as the majority does, that the cooling of water to make ice is not manufacturing, but that the cooling of water to make snow is manufacturing, is a distinction without difference. Either our decision in Commonwealth v. American Ice Co., 406 Pa. 322 , 178 A.2d 768 (1962), must be reversed, or this case must be decided consistent therewith.

Since I agree that the making of ice does not constitute “a substantial transformation in form ... [such] that a new article or creation has emerged,” 1 I would not reverse American Ice Co.; and, consequently, I cannot agree with the majority that the making of ice in the form of snow constitutes manufacturing.

ZAPPALA, J., joins this dissenting opinion.

. Philadelphia School District v. Parent Metal Products, Inc., 402 Pa. 361, 367 , 167 A.2d 257 , 258 (1961).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.