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HIMMELREICH v. BEIDLER et al.

413 Pa. 464 (1964)

Himmelreich v. Beidler (et al., Appellant).

Supreme Court of Pennsylvania.

March 17, 1964.

Attorney(s) appearing for the Case

Mark C. McQuillen, with him Norman E. Dettra, Jr., for appellant.

John A. Hoffert, Jr., with him Matten & Cottom, for appellee.

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

OPINION BY MR. JUSTICE MUSMANNO, March 17, 1964:

For many years prior to November 10, 1958, it was the custom of the employees at the Karl Lieberknecht, Inc. machine shop in Laureldale, Berks County, to leave the shop and enter, to the rear thereof, an open area for the purpose of "taking a smoke," consuming a lunch they had brought with them, or to get a lungful of uncontaminated, fresh air. On the night of the date indicated...

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