Sechler v. Ensign-Bickford Co.

CAVANAUGH, Judge,

dissenting:

I respectfully dissent. I would hold that the proposed amendment and new matter had the characteristics of affirmative defenses and would therefore not quash the appeal. Posternack v. American Casualty Co., 421 Pa. 21, 218 A.2d 350 (1966). I would also find that the court abused its discretion in not permitting the amendment.