# DeFrancesco v. Western Pennsylvania Water Co.

> Supreme Court of Pennsylvania · June 1, 1984 · 329 Pa. Super. 508

URL: https://www.frixlaw.com/law-library/cases/9752815

## Case

- **Full name:** Joseph G. DeFRANCESCO and Frank Crea, T/D/B/A Mt. Washington Ornamental Iron Works Company and Frank G. DeFrancesco and Frank Crea, as Individuals v. WESTERN PENNSYLVANIA WATER COMPANY, a Corporation, Appellant. Joseph F. LOY and Bernice Loy, T/D/B/A Joseph F. Loy Tire Service, Inc., v. WESTERN PENNSYLVANIA WATER COMPANY, a Corporation, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** June 1, 1984
- **Citations:** 329 Pa. Super. 508; 478 A.2d 1295; 1984 Pa. Super. LEXIS 5028
- **Precedential status:** Published
- **Opinion:** Concurrence by McEWEN
- **Judges:** Montemuro, Spaeth, Cavanaugh, McEwen, Beck, Montemurq, Montgomery, Cercone
- **Cited by:** 25 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/9752815

## How later opinions describe it (automated extraction)

- applying Section 195 of the Restatement (Second) of Contracts to determine whether tariffs limitation of liability clause is exculpatory

## Opinion text

McEWEN, Judge,
concurring:
I share the view that the statements under discussion were not admissible and that, therefore, a new trial must be granted. I write simply to observe that, as much as I envy the persuasive skills of my eminent colleagues who would revise the vicarious admission rule, I would retain the rule in its present form for all of the reasons that have made it traditional.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9752815. Public record. Not legal advice.