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SCHWEINBERG v. IRWIN

379 Pa. 360 (1954)

Schweinberg, Admr., v. Irwin, Appellant.

Supreme Court of Pennsylvania.

November 15, 1954.

Attorney(s) appearing for the Case

Carl W. Brueck, for appellant.

Robert Palkovitz and T. Robert Brennan, with them David S. Palkovitz, Jack Palkovitz and Brennan, Brennan, Damrau & Mohan, for appellees.

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

OPINION BY MR. JUSTICE MUSMANNO, November 15, 1954:

March 31, 1951, was an ideal Spring day in Munhall, Pennsylvania. The skies were clear, the sun shone and children played on the streets. On McKinley Street, which runs east and west, a basketball game was being played with all the enthusiasm and freedom of a game unfolding in a gymnasium. Some 15 boys ran, leaped and pitched the ball at an improvised basketball hoop fastened to a telegraph pole. In the midst of...

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