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PANTAZIS v. FOLLWEILER

364 Pa. 553 (1950)

Pantazis v. Follweiler, Appellant.

Supreme Court of Pennsylvania.

May 22, 1950.

Attorney(s) appearing for the Case

Daniel L. McCarthy, for appellant.

A. Albert Gross, with him Francis H.S. Ede and Gross & McGiffert, for appellee.

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

OPINION PER CURIAM, May 22, 1950:

The only question on this appeal is whether there was sufficient evidence of the defendant's negligence to warrant submission of the case to the jury. Contributory negligence is in no way involved. The plaintiff's decedent died, without regaining consciousness, from injuries received when struck by the defendant's automobile while crossing the highway in front of his home at night. A presumption that the deceased was exercising due...

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