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PHILA. CIVIL SERVICE COM. v. CUMMINGS

376 Pa. 200 (1954)

Philadelphia Civil Service Commission v. Cummings, Appellant.

Supreme Court of Pennsylvania.

January 12, 1954.

Attorney(s) appearing for the Case

John Patrick Walsh, with him Leon Rosenfield and Walsh, Tubis & Dunn, for appellants.

Jerome J. Shestack, with him Richard H. Markowitz, Assistant City Solicitor, Robert M. Landis, First Deputy City Solicitor and Abraham L. Freedman, City Solicitor, for appellee.

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

OPINION BY MR. JUSTICE CHIDSEY, January 12, 1954:

Appellants, Edwin Jones, Jr. and Walter Cummings, are hosemen in the Fire Department of the City of Philadelphia. At the time of the incident which occasioned this litigation, Jones was the regular driver of a thirteen ton fire truck operated by Rescue Squad No. 2 and Cummings was the Acting Lieutenant in charge of the truck. On December 4, 1951, at about 5:30 P.M., Jones,...

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