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HOSACK v. V.F.W. CLUB NO. 2145, INC.

415 Pa. 548 (1964)

Hosack, Appellant, v. V.F.W. Club No. 2145, Inc.

Supreme Court of Pennsylvania.

November 10, 1964.

Attorney(s) appearing for the Case

H. Ray Pope, Jr., for appellant.

Chester H. Byerly, for appellee.

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

OPINION BY MR. JUSTICE MUSMANNO, November 10, 1964:

In Polm v. Hession, 363 Pa. 494, 496, this Court said, quoting from Dively v. Penn-Pittsburgh Corporation, 332 Pa. 65, that there are cases where "there is some fairly compelling reason for walking in a place which, though dark, is not utterly devoid of light. Under such circumstances, contributory negligence will not be declared as a matter of law."

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