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DUBOIS v. WILKES-BARRE

410 Pa. 155 (1963)

Dubois, Appellant, v. Wilkes-Barre.

Supreme Court of Pennsylvania.

March 19, 1963.

Attorney(s) appearing for the Case

Arthur Piccone, with him Raymond F. Lowery, for appellant.

E.C. Marianelli, for City of Wilkes-Barre, appellee.

John A. Gallagher, for appellee.

John L. McDonald, for appellee.

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

OPINION PER CURIAM, March 19, 1963:

Plaintiff sued for injuries, suffered from a fall on a public sidewalk, allegedly caused by the existence of an accumulation of melted ice cream and grease thereon. The trial judge entered a compulsory nonsuit, which the court en banc refused to disturb. Plaintiff appeals.

The action of the court below was correct. The plaintiff's testimony failed to establish what caused her to fall. In order to establish liability...

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