SWARTZ v. SMOKOWITS


400 Pa. 109 (1960)

Swartz, Appellant, v. Smokowitz.

Supreme Court of Pennsylvania.

June 3, 1960.


Attorney(s) appearing for the Case

Robert V. Moser, for plaintiff, appellant.

Carl Rice, for defendants, appellees.

Samuel Gubin, for additional defendant, appellee.

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


OPINION BY MR. JUSTICE BOK, June 3, 1960:

Plaintiff's decedent, a boy of 16, was passenger in a car driven by his brother when it was in collision with a truck. He died seven hours later without regaining consciousness.

In the ensuing trial both drivers were found negligent. There is no question of the decedent's contributory negligence. The liability of the drivers is conceded and the only question before us is the...

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