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SMITH v. YOHE

412 Pa. 94 (1963)

Smith, Appellant, v. Yohe. Smith, Appellant, v. Gailey.

Supreme Court of Pennsylvania.

October 9, 1963.

Attorney(s) appearing for the Case

Frank B. Boyle, with him Donald Yost, for appellants.

Arthur Markowitz, with him Markowitz, Kagen & Griffith, for Dr. William C. Yohe, appellee.

Robert J. Stewart, with him Spencer R. Liverant, and Liverant & Stewart, for Dr. Herman A. Gailey, Jr., appellee.

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

OPINION BY MR. JUSTICE BENJAMIN R. JONES, October 9, 1963:

These appeals challenge the propriety of the action of the court below in refusing to remove compulsory nonsuits entered at the trial of two malpractice actions.

On March 10, 1959, Joseph Smith (Mr. Smith), 70 years of age and convalescing from a stroke which had left him with a spastic paralysis of his right side, slipped and fell in his home. Dr. W.C. Yohe, Mr.

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