Summary
In Com. v. Crowell, 52 Pa. Super. 539, it was held that where in a prosecution under the Ice Cream Act of March 24, 1909, P. L. 63, it is shown that a pint of ice cream for the sale of which the defendant was prosecuted had been analyzed and found deficient in butter fat, it is not error to exclude the evidence of experts to show that samples taken from other parts of the same can from which the pint was taken, might show different percentages of butter fat.
Summary of this case from Nestor v. GeorgeOpinion
November 7, 1990.
Appeal No. 264 E.D. Allocatur Docket 1990 from Order of Commonwealth Court entered Feb. 16, 1990, at No. 2886 C.D. Philadelphia 1988, 131 Pa. Commw. 418, 570 A.2d 626 (1990), Affirming Order of Court of Common Pleas, Civil Division, Philadelphia County; No. 4352 May Term 1982; Paul Ribner, Judge.
ORDER:
And now, this 7th day of November, 1990, this Petition is granted, limited to the issue of the interpretation of 42 Pa.C.S.A. § 8542(b) in light of our decision in Mascaro v. Youth Study Center, 514 Pa. 351, 523 A.2d 1118 (1987).