DEVENNEY v. N. FRANKLIN T. V. FIRE DEPT.


209 Pa.Super. 378 (1967)

Devenney et ux., Appellants, v. North Franklin Township Volunteer Fire Department, Inc.

Superior Court of Pennsylvania.

March 23, 1967.


Attorney(s) appearing for the Case

Wray G. Zelt, III, with him Zelt & Zelt, for appellants.

Robert L. Ceisler, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.


OPINION BY SPAULDING, J., March 23, 1967:

This is an appeal by plaintiffs James and Elizabeth Devenney from the trial court's refusal to remove a compulsory nonsuit.

On July 9, 1960, Mrs. Devenney took her children to a public fair operated by defendant near Washington, Pennsylvania. While there, she was struck on the back of the head and neck by an object. At the time, she was standing approximately ten feet from a concession stand directly behind her where...

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