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HETZLEIN v. JOHNSTOWN TRACTION CO.

365 Pa. 360 (1950)

Hetzlein v. Johnstown Traction Company, Appellant.

Supreme Court of Pennsylvania.

September 26, 1950.

Attorney(s) appearing for the Case

Philip N. Shettig, with him H. Clifton McWilliams, Jr., McWilliams & Margolis and Shettig & Swope, for appellant.

Frank P. Barnhart, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES and BELL, JJ.

OPINION BY MR. JUSTICE BELL, September 26, 1950:

Defendant appealed from the dismissal of its motion for judgment n.o.v. in an accident case. Defendant claimed that plaintiff tested a manifest danger as demonstrated by the speed of the trolley car and the distance it was from her when she started to cross the tracks. The only question involved was whether the plaintiff was guilty of contributory negligence as a matter of law.

Plaintiff was 60 years of age...

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