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PHILA. v. PHILA. TRANSP. CO.

400 Pa. 315 (1960)

Philadelphia v. Philadelphia Transportation Company, Appellant.

Supreme Court of Pennsylvania.

June 3, 1960.

Attorney(s) appearing for the Case

Philip Price, with him R.B. Kunkel, James Conwell Welsh, and Barnes, Dechert, Price, Myers & Rhoads, for appellant.

Morris L. Rush, with him I. Raymond Kremer, and Rush and Kremer, for appellees.

Matthew W. Bullock, Jr., Assistant City Solicitor, with him Anthony Ryan, Assistant City Solicitor, Joseph Furlong, Deputy City Solicitor, and David Berger, City Solicitor, for City of Philadelphia, appellee.

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

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

While pursuing a stolen automobile over the streets of Philadelphia, firing shots in an endeavor to stop the escaping car, Police Officer Joseph P. Echeverria smashed into a bus of the Philadelphia Transportation Company which had moved into his path despite audible and visual warnings of the police-robber chase. Echeverria sustained serious injuries.

The policeman and the City of Philadelphia sued the Philadelphia...

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