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MAYBERRY v. BLUE RIDGE SOIL PEP, INC.

402 Pa. 264 (1961)

Mayberry v. Blue Ridge Soil Pep, Inc., Appellant.

Supreme Court of Pennsylvania.

January 16, 1961.

Attorney(s) appearing for the Case

Harry P. O'Neill, Jr., with him Frank M. Walsh, Joseph J. McCluskey, and Walsh and O'Neill, for appellant.

Thomas J. Foley, with him Depuy & Hansen, for appellees.

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

OPINION BY MR. JUSTICE MUSMANNO, January 16, 1961:

Malcolm E. Gramley of the Pennsylvania State Police was standing at a window of the police barracks near Blakeslee looking out on Route 115 in Monroe County when an automobile collision occurred in front of the barracks. A truck traveling from south to north had left the highway and was traversing a stretch of cindered surface which paralleled the road, moving at a speed of 30 miles per hour. Within a few moments...

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