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EVANS v. PHILA. TRANS. CO.

418 Pa. 567 (1965)

Evans v. Philadelphia Transportation Company, Appellant.

Supreme Court of Pennsylvania.

July 20, 1965.

Attorney(s) appearing for the Case

Philip Price, with him William J. McKinley, Jr., George J. Miller, and Dechert, Price & Rhoads, for appellant.

S. Gerald Litvin, with him Abraham E. Freedman, and Freedman, Borowsky and Lorry, for appellee.

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

OPINION BY MR. JUSTICE EAGEN, July 20, 1965:

In the early evening of July 28, 1958, F.J. McFarlane (decedent) entered the Second Street station of the Market Street subway of the Philadelphia Transportation Company (PTC), in Philadelphia. After paying his fare, decedent entered upon the station platform provided for westbound trains.1 In some unexplained manner,2 the...

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