DUFF v. CAPUTO


433 Pa. 7 (1968)

Duff, Appellant, v. Caputo.

Supreme Court of Pennsylvania.

November 27, 1968.


Attorney(s) appearing for the Case

Melvin Schwartz, with him Cooper, Goodman & Schwartz, for appellant.

Robert E. Wayman, with him Wayman, Irvin, Trushel & McAuley, for appellees.

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


OPINION PER CURIAM, November 27, 1968:

Judgment affirmed by an equally divided court.

Mr. Justice MUSMANNO did not participate in the decision of this case.

DISSENTING OPINION BY MR. JUSTICE EAGEN:

The lower court entered judgment for the defendants notwithstanding the jury's verdict in favor of the plaintiff. The court felt that the evidence established that the plaintiff was guilty of contributory negligence...

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