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WINWARD et al. v. RHODEWALT

198 Pa.Super. 591 (1962)

Winward et al., Appellants, v. Rhodewalt.

Superior Court of Pennsylvania.

June 13, 1962.

Attorney(s) appearing for the Case

G. Clinton Fogwell, Jr., with him Lawrence E. Wood, and Reilly, Fogwell & Lentz, for appellants.

Robert S. Gawthrop, with him Gawthrop & Greenwood, for appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.

OPINION BY FLOOD, J., June 13, 1962:

This is an appeal from the refusal of the court below to take off a compulsory nonsuit.

The only eyewitness was the defendant's agent who testified that on November 7, 1955, he was driving the plaintiffs' car eastwardly on Route No. 30 in Chester County headed for the defendant's garage where the car was to be inspected. Rain was falling at the time and the roadway was "slippery" and "greasy". Before reaching the point...

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