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POTOCZNY et al. v. VALLEJO

170 Pa.Super. 377 (1952)

Potoczny (et al., Appellant) v. Vallejo.

Superior Court of Pennsylvania.

January 17, 1952.

Attorney(s) appearing for the Case

Israel K. Levy, with him James Francis Ryan, Assistant City Solicitors and Frank F. Truscott, City Solicitor, for appellant.

David Kanner, for appellee.

James H. Lyons, for original plaintiff.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ. (GUNTHER, J., absent).

OPINION BY ARNOLD, J., January 17, 1952:

Henry Potoczny brought an action of trespass against the defendant for personal injuries received by him while he was on duty with the Bureau of Fire of the City of Philadelphia. The defendant was duly served with the complaint which claimed, inter alia, for loss of wages during his incapacity. The City of Philadelphia intervened as a party plaintiff or use-plaintiff, for the reason that under the Act of 1935, P.L. 477, as...

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