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O'NEILL v. BATCHELOR BROS. INC. FUN. HOMES

421 Pa. 413 (1966)

O'Neill, Appellant, v. Batchelor Brothers, Inc. Funeral Homes.

Supreme Court of Pennsylvania.

May 24, 1966.

Attorney(s) appearing for the Case

John J. Hudacsek, with him Hudacsek & Lewis, for appellants.

Lee E. Whitmire, Jr., with him Whitmire & Mannix, for appellee.

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

OPINION BY MR. JUSTICE EAGEN, May 24, 1966:

Eleanor M. O'Neill, the wife plaintiff herein, fell and was seriously injured while leaving a public funeral home owned and operated by the defendant. This action for damages followed, and at trial the jury awarded the husband and wife plaintiffs a verdict for a substantial sum. Later, the court en banc, unanimously concluding, inter alia,1 that the evidence was insufficient to establish the...

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