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DOWNES v. HODIN et al.

377 Pa. 208 (1954)

Downes v. Hodin (et al., Appellant).

Supreme Court of Pennsylvania.

April 24, 1954.

Attorney(s) appearing for the Case

William Zacharellis, with him Bialkowski, Bialkowski & Bialkowski, for appellant.

Stephen E. Gombar, with him Frank J. McDonnell, for appellees.

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

OPINION BY MR. JUSTICE BELL, April 24, 1954:

This is an appeal from the Order of the Court dismissing a petition to open a default judgment against defendant, Kornfeld.

The proceedings in the case are unusual. Plaintiffs brought an action in trespass against M.L. Hodin and Samuel Hodin, trading as Giant Markets, Inc., and Kornfeld, for injuries to the wife-plaintiff resulting from falling on a patch of ice on the sidewalk of property owned by Kornfeld and...

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