CESARE v. COLE


418 Pa. 173 (1965)

Cesare, Appellant, v. Cole.

Supreme Court of Pennsylvania.

May 25, 1965.


Attorney(s) appearing for the Case

Edmund P. Turtzo, for appellant.

Morris Mindlin, with him Jackson M. Sigmon, and Mindlin, Sigmon, Briody & Littner, for appellee.

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


OPINION BY MR. JUSTICE EAGEN, May 25, 1965:

This is an appeal from the refusal to take off a compulsory nonsuit entered in favor of the defendant, Township of Bushkill, at the close of plaintiff's case.

Plaintiff, individually and as administratrix of the Estate of Thomas W. Cesare, deceased, brought this action under the wrongful death and survival acts to recover damages suffered by reason of the death of said Thomas W. Cesare. Cesare suffered fatal injuries...

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