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KOBI v. BAU et al.

218 Pa.Super. 139 (1971)

Kobi v. Bau et al., Appellants.

Superior Court of Pennsylvania.

May 20, 1971.

Attorney(s) appearing for the Case

Arthur Silverblatt, with him Charles D. Lemmond, Jr., and James, Harris, Silverblatt & Townsend, for appellants.

Thomas E. Mack, with him Clement E. Kisailus, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, SPAULDING, and CERCONE, JJ. (HOFFMAN, J., absent).

OPINION PER CURIAM, May 20, 1971:

Judgment affirmed.

DISSENTING OPINION BY MONTGOMERY, J.:

I respectfully dissent from the affirmance of the judgment for plaintiff-appellee for the reason that I believe that she clearly was contributorily negligent as a matter of law.

In approaching defendants' store on this clear day the plaintiff passed the drop in the sidewalk which she alleged caused her to fall as she left the store and retraced

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