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CARNS v. NOEL

364 Pa. 77 (1950)

Carns, Appellant, v. Noel.

Supreme Court of Pennsylvania.

January 16, 1950.

Attorney(s) appearing for the Case

E.V. Buckley, with him Mercer & Buckley, Fred B. Trescher, Kunkle & Trescher and Christ C. Walthour, Jr., for appellant.

Robert W. Smith, Jr., with him Smith, Best & Horn, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.

OPINION BY MR. JUSTICE PATTERSON:

Theodore R. Carns, appellant, instituted this trespass action for personal injuries sustained when he stepped into a coal hole in the floor of a service station and garage owned and operated by John Noel, appellee, trading as Noel's Service Station, in the Borough of Ligonier. The trial judge directed a verdict for appellee and appellant filed a motion for new trial. The court en banc refused a new trial and this appeal followed...

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