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NEBEL v. PITTSBURGH

386 Pa. 394 (1956)

Nebel, Appellant, v. Pittsburgh.

Supreme Court of Pennsylvania.

November 12, 1956.

Attorney(s) appearing for the Case

Lisle A. Zehner, with him Mercer & Buckley, for appellant.

Thomas E. Barton, Assistant City Solicitor, with him J. Frank McKenna Jr., City Solicitor, for defendant-appellee, and Leon Wald, for additional defendant-appellee.

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

OPINION BY MR. JUSTICE CHIDSEY, November 12, 1956:

This appeal resulted from the refusal of the court below, sitting en banc, to take off a compulsory nonsuit which was entered on the ground there was no proof that the defendant municipality was negligent. The suit was originally brought against the City of Pittsburgh, and the original defendant joined Marie Leahy as an additional defendant.

Viewing the evidence in the light most favorable to the plaintiff...

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