SWEIGERT v. MAZER


410 Pa. 71 (1963)

Sweigert v. Mazer, Appellant.

Supreme Court of Pennsylvania.

January 21, 1963.


Attorney(s) appearing for the Case

Joseph X. Heincer, with him Robert C. Kitchen, for appellant.

J. Paul Erwin, Jr., with him George E. Beechwood, and Beechwood and Lovitt, for appellee.

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


OPINION BY MR. JUSTICE BENJAMIN R. JONES, January 21, 1963:

The primary issue presented herein is whether Earle W. Sweigert, the plaintiff in this trespass action, was guilty of contributory negligence as a matter of law so as to compel the grant of a judgment n.o.v.

At approximately 1:00 p.m. on July 11, 1957 — a clear day with visibility good — Sweigert parked his automobile along the west curb of 15th...

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