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KESTER et al. v. RUTT

439 Pa. 546 (1970)

Kester et al., Appellants, v. Rutt.

Supreme Court of Pennsylvania.

July 2, 1970.

Attorney(s) appearing for the Case

Raymond J. DeRaymond, with him Coffin and DeRaymond, for appellants.

Robertson B. Taylor, with him Kolb, Holland, Antonelli & Heffner, for appellee.

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

OPINION BY MR. CHIEF JUSTICE BELL, July 2, 1970:

This is an appeal from the Order of the Court of Common Pleas, Civil Division, of Northampton County, denying a motion to remove a judgment of nonsuit.

On June 27, 1966, at about 10:00 P.M., James T. Kester, Jr. was killed instantly as the result of a collision between a pick-up truck which he was driving and defendants' bus. There were no eyewitnesses to the accident and plaintiffs' case was based entirely...

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