KOSMAHL v. EMERY


380 Pa. 223 (1955)

Kosmahl, Appellant, v. Emery.

Supreme Court of Pennsylvania.

January 4, 1955.


Attorney(s) appearing for the Case

Leon Rosenfield, with him Jacob B. Abrams, for appellants.

David F. Kaliner, for appellee.

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


OPINION BY MR. JUSTICE BELL, January 4, 1955:

The wife-plaintiff was walking across Frankford Avenue on December 26, 1952, at about 5 o'clock P.M., with her two little daughters. She foolishly walked at a point 60 to 70 feet north of the pedestrian cross-walk at Cottman Street. Frankford Avenue is a two-way North-South street 58 feet wide, with double car tracks. There were no automobiles and so far as the evidence discloses, no trolleys moving at that point at the...

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