O'TOOLE v. DUNMORE BOROUGH


404 Pa. 479 (1961)

O'Toole v. Dunmore Borough, Appellant.

Supreme Court of Pennsylvania.

July 17, 1961.


Attorney(s) appearing for the Case

Joseph E. Gallagher, with him William J. Kearney, Carlon M. O'Malley, Sr., and O'Malley, Morgan, Bour & Gallagher, for appellant.

Jerome E. Parker, with him John M. Kelly, and John J. Scott, for appellee.

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


OPINION BY MR. JUSTICE MUSMANNO, July 17, 1961:

On the afternoon of January 7, 1957, the plaintiff in this case, Paul F. O'Toole, left his home at 402 Ward Street, Dunmore, on a perfectly wholesome and harmless errand — to purchase a loaf of bread, which his wife needed for the evening meal. He returned an hour or two later without the bread and, in addition, a fractured hip. His innocent but disastrous venture was ...

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