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D'ALESSANDRO v. SEAGROVE et al.

436 Pa. 607 (1970)

D'Alessandro v. Seagrove et al., Appellants.

Supreme Court of Pennsylvania.

January 9, 1970.

Attorney(s) appearing for the Case

William B. Freilich, with him James M. Marsh, and LaBrum and Doak, for appellants.

Joseph Lurie, with him Galfand, Berger, Senesky & Lurie, for appellee.

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

Order affirmed.

OPINION PER CURIAM, January 9, 1970:

DISSENTING OPINION BY MR. CHIEF JUSTICE BELL:

I dissent.

The jury found the only fair and just verdict possible in this case. Plaintiff so clearly assumed the risk that it is incomprehensible for me to understand how any Court could or would reverse the jury's verdict for the defendant and grant a new trial.

I would reverse the Order of the lower Court, because it committed a clear...

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