COWARD v. RUCKERT


381 Pa. 388 (1955)

Coward, Admrx., v. Ruckert, Appellant.

Supreme Court of Pennsylvania.

April 19, 1955.


Attorney(s) appearing for the Case

Lee E. Whitmire, Jr., with him Swaney & Whitmire, for appellants.

Thompson Bradshaw, with him Bradshaw & Panner, for appellee.

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


OPINION BY MR. JUSTICE MUSMANNO, April 19, 1955:

This is an appeal from an order of the Court of Common Pleas of Beaver County awarding a new trial in a trespass case in which the jury returned a verdict for the defendant. Briefly the facts are as follows: On December 16, 1952, at about 6:40 in the evening, Charles W. Coward, 71 years of age, who had for 40 years been employed by the Pittsburgh & Lake Erie Railroad Company, was on his way home, walking along the...

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