adopting Restatement (Second) of Torts § 323
How later courts described this case
- adopting Restatement (Second) of Torts § 323
Written by the judges who cited it.
The opinion
SPAETH, Judge
(dissenting):
As I read their respective opinions, Judge Hoffman and Judge Cercone agree on the law of proximate cause. On this, I am with them both. I join Judge Cercone in dissent because I think the lower court’s charge was erroneous.