RUTOVITSKY v. MAGLIOCCO


394 Pa. 387 (1959)

Rutovitsky v. Magliocco, Appellant.

Supreme Court of Pennsylvania.

January 5, 1959.


Attorney(s) appearing for the Case

Robert J. Spiegel, with him Gratz, Sperling & Fitzgerald, for appellant.

Avram G. Adler, with him Freedman, Landy and Lorry, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.


OPINION BY MR. JUSTICE BOK, January 5, 1959:

The plaintiff, appellee, has a verdict for personal injuries. The questions raised by motions for a new trial and for judgment n.o.v. are the plaintiff's contributory negligence and the lack of defendant's negligence.

The facts, established by the verdict most favorably to the plaintiff, are these:

He was returning home on foot from a personal errand. He is a small man and was seventy-two years old at the...

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