# Waschak v. Moffat

> Supreme Court of Pennsylvania · November 8, 1954 · 379 Pa. 441

URL: https://www.frixlaw.com/law-library/cases/9736490

## Case

- **Full name:** Waschak v. Moffat, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** November 8, 1954
- **Citations:** 379 Pa. 441; 109 A.2d 310; 54 A.L.R. 2d 748; 1954 Pa. LEXIS 371
- **Precedential status:** Published
- **Opinion:** Dissent by Jones
- **Judges:** Stern, Stearne, Jones, Bell, Chidsey, Musmanno
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9736490

## Opinion text

Dissenting Opinion by
Me. Justice Jones:
I dissent. The majority opinion works a denial of the plaintiffs’ right to a day in court on a material and crucial issue of fact.
On the majority’s ratio decidendi (which was broached for the first time by defendants’ counsel in the Superior Court and which that court rejected), the plaintiffs are at least entitled to an opportunity to litigate what has now become an essentially controlling issue of fact as to whether the defendants’ conduct which caused the damage was intentional.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9736490. Public record. Not legal advice.