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DAVIES v. D.L. & W.R.R. CO.

370 Pa. 180 (1952)

Davies, Appellant, v. Delaware, Lackawanna and Western Railroad Company.

Supreme Court of Pennsylvania.

April 1, 1952.

Attorney(s) appearing for the Case

Edward M. Murphy, for appellants, submitted a brief.

Edward W. Warren, O'Malley, Harris, Harris & Warren and Gomer W. Morgan, for appellee, submitted a brief.

Before DREW, C.J., STERN, STEARNE, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE BELL, April 1, 1952:

This appeal is from an order of the lower court dismissing plaintiffs' motion to remove a nonsuit. Viewing the evidence in the light most favorable to plaintiffs, as we must where a nonsuit has been entered: Szukics v. Ruch, 367 Pa. 646, 81 A.2d 903; Pennsylvania R.R. Co. v. J. Jacob Shannon & Co., 363 Pa. 438, 70 A.2d 321; the pertinent facts...

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