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MITCHELL v. SHIREY et al.

407 Pa. 204 (1962)

Mitchell v. Shirey (et al., Appellant).

Supreme Court of Pennsylvania.

April 17, 1962.

Attorney(s) appearing for the Case

William W. Caldwell, with him Walter E. Morris, Thomas D. Caldwell, and Caldwell, Fox & Stoner, for appellant.

Samuel J. Margiotti, with him William J. McKnight, and Margiotti & Casey, for appellees.

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

OPINION BY MR. JUSTICE EAGEN, April 17, 1962:

The plaintiffs, Norman A. Mitchell, Elmer LeRoy Johnson, Samuel G. Mitchell and John J. Milchuck, were guest passengers in an automobile operated by Fred Kaufman,1 which collided with a flat-bed truck operated by Malvin E. Shirey and owned by his employer, John K. Sherry.

The plaintiffs instituted separate actions against the driver (Malvin E. Shirey) and the owner of the truck (John...

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