SHANNON, Chief Judge.
The appellant, plaintiff below, appeals from a summary judgment entered on behalf of the defendant, Ann Cafaro Musso, appellee here.
The summary judgment was entered, on the question of liability, on the deposition of defendant taken at the instance of the plaintiff.
It appears from the complaint and the deposition that the plaintiff, Patricia Smith, a minor of nine years of age, was struck by the automobile driven by the defendant...
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