SLOBODZIAN v. BEIGHLEY


401 Pa. 520 (1960)

Slobodzian v. Beighley, Appellant.

Supreme Court of Pennsylvania.

November 15, 1960.


Attorney(s) appearing for the Case

Harry A. Heilman, Jr., with him Blair F. Green, for appellant.

James G. Callas, with him John C. Millard, for appellee.

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


OPINION BY MR. JUSTICE BOK, November 15, 1960:

The minor plaintiff fell into an open cellarway behind a store and, with her mother as guardian, sued the owner. Defendant appealed when, following a jury's verdict for the plaintiffs, his motions for a new trial and for judgment n.o.v. were overruled.

Three questions are presented: the defendant's negligence, the minor's contributory negligence, and her status as trespasser or gratuitous licensee. No trial errors...

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