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JONES v. CARNEY

375 Pa. 32 (1953)

Jones, Appellant, v. Carney.

Supreme Court of Pennsylvania.

Reargued April 14, 1953.

October 5, 1953.

Attorney(s) appearing for the Case

John M. McNally, Jr., with him Francis J. McCarthy, for appellants.

Robert C. Kitchen, with him Richard A. Smith, for appellee.

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

OPINION BY MR. JUSTICE ARNOLD, October 5, 1953:

The plaintiff appeals from the order of the court below refusing to take off a nonsuit in an action of trespass for personal injuries suffered by a three year old child when struck by defendant's automobile.

In accordance with the well known rule of law that the testimony must be viewed in a manner most favorable to plaintiffs, giving them the benefit of all reasonable

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