PASCARELLA v. KELLEY


378 Pa. 18 (1954)

Pascarella v. Kelley, Appellant.

Supreme Court of Pennsylvania.

May 24, 1954.


Attorney(s) appearing for the Case

R.T. Mutzabaugh, with him Nash & Mutzabaugh, for appellants.

Marvin D. Power, with him John A. Fitzgibbon, McDowell & McDowell, and Margiotti & Casey, for appellees.

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


OPINION BY MR. JUSTICE ARNOLD, May 24, 1954:

Defendants, S.A. Whitney & Company and Kelley, appeal from the refusal of their motions for new trial and judgment n.o.v. in a trespass action for property damage alleged to have resulted from various negligent acts of defendants. Coleman, another defendant, permitted plaintiffs to take judgment against him by default, and is not a party to this appeal.

Taking the facts in a light most favorable to the plaintiffs...

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