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CUMMINGS v. NAZARETH BOROUGH

430 Pa. 255 (1968)

Cummings v. Nazareth Borough, Appellant.

Supreme Court of Pennsylvania.

May 23, 1968.

Attorney(s) appearing for the Case

Tom P. Monteverde, with him E. Jerome Brose, John C. Hambrook, and Brose, Poswistilo & LaBarr, and Fox, Oldt & Hambrook, and Schnader, Harrison, Segal & Lewis, for appellants.

Norman Seidel, with him Gus Milides and Herbert Toff, for appellees.

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

OPINION BY MR. JUSTICE MUSMANNO, May 23, 1968:

This case has already been before this Court and is reported in 427 Pa. 14. It is not necessary thus to repeat what was there said. It is enough to outline on the blackboard the salient facts of the litigation so that we can proceed to discuss the issues raised in this present appeal.

The lawsuit arose out of an accident which occurred on July 30, 1963, when Darrel L. Cummings,...

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